The colonial records of North Carolina

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UNIVERSITY
OF PITTSBURGH

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LIBRARY

Digitized by the Internet Archive

in 2009 with funding from

University of Pittsburgh Library System

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THE

COLONIAL RECORDS

OF

NORTH CAROLINA QCo\oo^^

PUBLISHED UNDER THE SUPEEVISION OF THE TRUS-
TEES OF THE PUBLIC LIBRARIES, BY ORDER
OF THE GENERAL ASSEMBLY

COLLECTED AND EDITED

V\^ILLIAM L. SAUNDERS

SECKETARY OF STATE

VOL 1-1662 TO 1712

E ALEIGH
P. M. HALE, PRINTER TO THE STATE

1886

c&Y'^

Copjiight, 1886, by William L. Saunders, Secretary of State,
for the benefit of the State of North Caroliua.

.fRESSBS OF E. M. UZZELL,
RALEIGH, N. C,

PREFACE.

The Records, Documents, &c., entitled The Colonial Records of North
Carolina, were prepared for publication under the direction of the Trus-
tees of the State Library, and consist almost entirely of transcripts of
records, &c., in the offices of the Secretary of State, at Raleigh, and of
those in the British Public Record Office in London.

The incompleteness of the records in tiie Secretary's office in this
State is scarcely credible and at a very early day turned attention to those
in London. Of the first fifty years, indeed, no original records scarcely
remain in North Carolina except some court records, a few grants, and
perhaps a few other papers of no great importance. The records of pro-
ceedings of Governor and Council go no further back than 1712, though
there were Governors as far back as 1664. The records of Assembly
go back only to 1754, with the exception of a mutilated copy of the
Journal of the Assembly that met at the house of Capt. John Heckle-
field in 1715. There were Legislatures as far back certainly as 1665.

The first search made in London for information in regard to North
Carolina aifairs was doubtless that made by the historian George Chalmers,
who, in 1780, published his Political Annals of the Present United Colo-
nies, the fruit of his labors in the British Record Office, to which the offi-
cial position he held gave him access. This volume has been the standard
authority with all later Carolina historians. Its general accuracy as to
matters of fact is by no means perfect, and Mr. Chalmers's bitter preju-
dices as a Loyalist render his conclusions utterly unreliable.

IV PEEFACE.

At a later date, tlie historian Williamson, who desired copies of certain
papers in London relating to Carolina, hoped that Mr. Chalmers wonld
furnish him therewith or assist him in obtaining them. Mr. Chalmers
would do neither, and threatened to interfere if application should be
made to the head of the proper department. In this connection, it must
be borne in mind that access to the recoi'ds in the British offices could not
be had without special permission until a comparatively modern period.

But how to account for the utter absence of records in North Carolina ?
There could have been no inducement to their destruction, and it follows,
therefore, that we must look to natural causes, the want of towns and the
consequent lack of known and suitable buildings used as depositories for
public records. Experience proves that the most valuable documents,
unless put away in such muniment rooms, soon disappear and are lost.

The incompleteness of the records in North Carolina continued to be
more and more felt until it was determined to perfect them as far as pos-
sible.

As early as February 9th, 1827, Mr. John Scott, representing the town
of Hillsboro in the House of Commons, moved the following resolutions,
which were adopted, sent to the Senate, and on the next day there also
passed, so far as the records show, without a moment's hesitation or the
slightest opposition :

" Resohed by the Senate and House of Commons of the General Assem-
bly of North Carolina, That his Excellency the Governor of the State be
requested to make a respectful application to the British Government for
liberty to procure for the use of the State from the office of the Board of
Trade and Plantations in Ijondon, copies of such pajiers and documents
as relate to the colonial history of North Carolina.

" Eesolved further, That the application aforesaid be made through the
American INIinister in Ijondon, and that he be requested to lend his aid

PREFACE.

to carry the foregoing resolution into effect, and obtain for the agent who
may be employed in this service the necessary facilities for procuring such
copies."

Under this resolution, Governor Burton wrote to the Hon. Albert Gal-
latin, then American Minister in London, on the snbject. Mr. Gallatin
after formal cori'espondence with the British Government obtained, and
under date of 25th of August, 1827, forwarded to Governor Burton a
list of papers relating to the colonial history of North Carolina then
on file in the public offices in London.

The documents themselves, however, were not copied, for the reason
that it was supposed the entire collection would be obtained by Mr. Peter
Force and printed in the American Archive,^. Finally, disappointed in
this expectation, the list itself was printed in 1843 l)y oi-der of the Leg-
islature.

In 1849 the Legislature authorized the Governor to 2>rocure from the
public offices in London such documents as were worthy of preservation,
to be placed in the archives of the State.

In 1855 the Legislature authorized the Governor to appoint an agent
to procure these documents, and, in case he found it necessary, to visit
Loudon for the purpose.

In 1857 the Legislature renewed and continued this authority in the
Governor. At the time, however, that Hon. David L. Swain, who had
been appointed agent, was ready to begin the work, the i-elations
between Great Britain and the United States were so unfriendly that the
Hon. James C. Dobbin, then Secretary of the Navy, advised him it was
an inauspicious time to ask favors of British officials. This delayed the
work. Whv this effort finallv failed is not known.

VI PREFACE.

In 1859 the Legislature authorized the Governor to make an arrange-
ment with Rev. Dr. Francis L. Hawks and Hon, David L. Swain to
edit and publish two volumes of the documentary history of North
Carolina.

In 1861, as if in view of tlie coming war and its possibilities, the Leg-
islature, putting out of sight for the first time tlie archives in London,
determined to make sure of what it had at home, and directed the prin-
cipal records in the Secretary's office to be printed. But it was too late.

In 1881 the Legislature passed a resolution, moved and advocated by
Hon. Theodore F. Davidson, Senator from the 40th District, now
Attorney-General, directing the Trustees of the I^ibraries (the Governor,
tlie Secretary of State, and the Superintendent of Public Instruction,
being ex ajfido the Trustees) to publisli tlic records and documents then
here.

In 1883 the Trustees of the Libraries, reporting progress to the Legis-
lature, under the Act of 1881, announced that the gaps in the records here
were so many and so great that they had determined to print nothing
until an appeal had been made to the Legislature i'or authority and assist-
ance to procure from London the lacking documents.

In response to this appeal, the Legislature passed a resolution author-
izing the Trustees of the Library to procure the missing documents.
Colonel Samuel McDowell Tate, member of the House of Represen-
tatives from tlie county of Burke, and Hon. James L. Robinson, Lieu-
tenant-Governor and President of the Senate, being especially instru-
mental in securing its adoption.

The first step taken under the resolution -was to secure the services of
Mr. W. Noel Sainsbury, of the British Record Office, honorary member
of the New England, New York, Maryland, Pennsylvania, South Caro-
lina, Virginia and other Historical Societies, editor of Chlendar of
[British] State. Papers, Colonial Series, &c., &c.

PREFACE. VII

To the historical student, Mr. Sainsbnry needs no introduction. For
the information of others, however, it may, ])erhups, be well cnongh to
state that Mr. Bancroft writes that Mr. Sainsbnry is "a veteran in the
State Paper, now Record Office, of Great Britain. I have known him
for nearly forty years; have employed him very frequently during that
time, and have always found him intelligent, accurate, and in every way
trustworthy. My own collection of documents is full of copies of State
Papers which lie has made for me. Having been so long in service,
and so much appealed to by American scholars, he has become thoroughly
familiar with the subject, as may be seen from his Colonial Series of
State Papers reaching from 1574 to 1668."

With such commendation from such a source, every one may feel
assured that Mr. Sainsbnry has done his part intelligently, faithfully and
thoroughly. His instructions were to do the work so thoroughly and so
exhaustively that there would never be need or desire for it to be done
over again, and it is believed that we now have copies of all North Caro-
lina colonial papers in the British Public Record Office.

Upon the undersigned, the execution of the task imposed by the Leg-
islature was devolved by his co-trustees, the Public Records here being in
his custody, and the duties of his office requiring him as far as possible to
have a familiar knowledge of their contents. How he has performed the
task thus assigned to him, it is not for him to determine. He can only
say, that for near seven years he has devoted himself to it, and that he
has done the very best he could, without reward, or the hope of reward,
and solely because of the love he bears North Carohna and her people.

It is but simple justice to add that the work could not have been begun
even without the hearty and cordial cooperation of Governor Jarvis and
Hon. John C. Scarborough, Superintendent of Public Instruction, who
were his co-trustees at the time of its inception, and that it could not for

PREFACE.

a moment have been continued without the equally efficient and cordial
cooperation of their successors in office, Governor Scales, and Hon. Sidney
M. Finger, the present Superintendent of Public Instruction.

Thanks for services rendered are especially due to Major Graham Daves,
then residing in South Carolina, Hon. S. F. Phillips, of Washington City,
Capt. S. A. Ashe, Rev. Jos. Blount Cheshire, Jr., Rev. F. M. Hubbard,
D. D., Prof W. J. Rivers, formerly of South Carolina, now of Mary-
land, and the Rt. Rev. William Stevens Perry, L.L. D., Bishop of Iowa,
the Historiographer of the Protestant Episcopal Church in America.

For the very handsome make-up of the volumes, and for help, assist-
ance and encouragement, in every way, the undersigned makes especial
and personal acknowledgment to his friend Peter M. Hale, the Public
Printer.

Finally, the undersigned feels it to be a matter of conscience to say
also, that to the influence of the late ex-Governor Henry T. Clark, and
to that of his old preceptor, the late ex-Governor David L. Swain, so
long President of the University of the State, he is indebted for the cul-
tivation of a taste that has made bearable the years of sheer drudgery
absolutelv necessary to the preparation for publication of The Colonial
Records of North Carolina.

' Secretary of State, f

Raleigh, 1886.

PREFATORY NOTES TO FIRST VOLUME.

The first permanent white settlement in North Carolina was made, it
may be safely said, to the eastward of the Chowan River, extending in
time down to and along Albemarle Sound. Neither its date nor its local-
ity may now be fixed with absolnte certainty, but it began, doubtless,
before 1060, and probably as early as 1650.

The grant to Roger Green, "clarke," in 1653, to be located on the
Roanoke River and the south or west side of the Chowan River, as a
reward for inducing settlements to be made there, and the absence of
such grants on the north or east side, indicate that settlements had pro-
gressed on that side without the aid of such inducements.

The earliest grant made in North Carolina, of which we have a copy,
is now of recoi-d in Penpiimans county, and was made by the King of
the Yeopim Indians on the 1st March, 1662, to George Durant, for a
tract of land then called Wecocomicke, lying on the Perquimans River
and "Roenoke Sound." The place is now known as Duraut's Neck.
There was a purchase before that from the King of the Yeopims, for the
grant to Durant recites that Wecocomicke adjoined to the eastward the
land the King had formerly sold to Samuel Pricklove, but there is neither
record nor copy of any grant to Pricklove. There were still other such
purchases, for in 1662 purchases made directly from the Indians, it was
said, had come to be such an evil in the sight of the government that it
was resolved no longer to recognize them. There w^ere purchasers, too,
who held their lands under grants from the Governor of Virginia. In-
deed, the Assembly, in an address in 1731, asserts that there were so
many persons holding lands in Albemarle under Virginia grants prior to
March, 1663, that a saving clause in their favor was put in the charter
of that date by King Charles. There is certainly a saving clause in the
fourth section of the first charter. The Lords Proprietors more than

PREFATORY NOTES.

once recognized the fact that lands had been purchased from the Indians
before the date of their charter, and they distinctly recognized also the
fact, not only that a settlement had already been "begann," but that it had
progressed far enough to need a fully organized government of its own.

It is evident, therefore, that there was a considerable settlement in
Albemarle pi-ior to 1663, in which the lands were held, in some cases, by
purchase from the Indians, and in others under grants from Virginia;
but of the length of time it had been growing nothing definite is known.
There is nothing to indicate, however, that it was of ra])id growth.

There were, indeed, earlier settlements, or attempts at settlement, but
they came to naught ; Raleigh's Roanoke Island Colonies and the New
England settlement on the Cape Fear, in 1660, being conspicuous
instances of speedy failure, worthy of mention as bald ' historical facts,
but without influence or eifect upon the permanent settlement of the
colony.

The Barbados settlements on the Cape Fear, for there were two of
them — but adverse in interest and made under difterent auspices, one in
the interests of the "several gentlemen and persons of good quality"
who made the proposals contained in the letter 12tli August, 1663, and
the other under the auspices of Yeamans — broke uji in the summer or
early fall of 1667. The story put forth by Chalmers and repeated by
subsequent historians, about the seven years' benign rule of Yeamans,
seems to have been pure imagination, for instead of being at Cape Fear,
Yeamans wa.s in Barbados holding high official jiositiou there. The
statement that the people at Cape Fear followed Yeamans to South Caro-
lina is also without foundation. They went up to the Albemarle settle-
ment and to Nansemond county in Virginia in part and in part to Bos-
ton. In this fact is to be found an easy explanation of the increase at
this time of settlers in Albemarle both from New England and from
Barbados.

The Albemarle settlement, therefore, is the parent settlement of North
Carolina, emigration going from it to the southward, from the Chowan to
the Roanoke, Maratock or Noratoke, as it is spelled on the old maps,
thence to the Pamplico, where, in 1690, a colony of Frenchmen, an

PREFATORY NOTES.

offshoot of the James River Frencli settlement in Virginia, made a lodg-
ment. Then the Neuse River was reaehed, and, on or before 1706, was
passed. In 1707, there was another secession from the same James River
settlement, and another lodgment of Frenchmen in North Carolina — this
time between tlie Nense and the Trent Rivers.

In Jannary, 1710, DeGrafFenried and Michel shipped a number of
German Palatines to the Neuse. In June of the same year DeGraffen-
ried followed them in person with his Switzers. Still creeping along
southward, settlers began to find their way once more toward the Cape
Fear country. In 1711 they had gone as far south as White Oak River,
and in 1713, as far as New River, in the county of Onslow. In 1714,
however, the Governor and Council forbade the survey and sale of lands
within twenty miles of the Cape Fear, up to the waters of the Trent,
This order cut off surveys below the line of the New River settlement.
But even worse than this, becanse more general in their character, were
the obstacles to settlement arising from the instructions of the Ijords Pro-
prietors in the matter of the entry and survey of lands outside of Albe-
marle county. For ten years the restrictions on the purchase of lands in
tlie county of Bath, then extending from the Pamplico to the South Caro-
lina line, were such as to amount to a practical prohibition. The conse-
(pience was that new settlers were' prevented from coming in and old ones
induced to go away for want of land, until the 17th of April, 1724, when
the grievance being no longer bearable, the x\.ssembly petitioned the
Governor and Council to devise some way of opening up lands outside
of Albemarle to survey and purchase until the will of the Lords Pro-
prietors in the premises might be known, and declared it to be their pur-
pose to address the Lords Proprietors on the subject.

In response to this petition, the Governor and Council, for the reasons
set forth therein, and for the further reason that squatters were already
going in and settling there without payment of rent or other considera-
tion, ordered that lands in Bath county should be open to survey and sale
on the same terms as lands in Albemarle until the will of the Lords Pro-
prietors should be known. Accordingly the first grants for lands on the
Cape Fear, after the year 1714, were issued in 1725, though, as we have

PEEFATORY NOTES.

seen, there were some squatters there early in 1724, if not prior thereto.
After this date, emigration went westward, and even before tliat date had
done so, until the territory east of the Wilmington and Weldon Railroad
was settled more or less.

The course of early events in Carolina seems to have been about as
follows:

On the 24th of March, 1663, Charles II. granted Carolina to the Lords
Proprietors. Very shortly thereafter, they received proposals purport-
ing to come from certain New England adventurers interested in the set-
tlement at Cape Fear. In INIay, 1663, the Lords Proprietors, having
organized under their cliarter, published a reply to these proposals, which
fell into the hands of certain English adventurers in the same cause, and
they, afler repudiating the proposals as not their own, proceeded to set
forth at large their views in the premises, in a paper bearing date 6th
August, 1663. On the 12th August, 1663, proposals were made to the
Lords Proprietors from " several gentlemen and persons of good quality "
in tlie Island of Barbados for a settlement in Carolina between Cape Fear
and Florida. Pending these proposals, other proposals, by other parties
in Barbados, and in diiferent interests, notably by Major William Yea-
mans, in behalf of his father John Yeamans, were made. In reply to
the representations of the English adventurers above mentional, the Lords
Proprietors, on the 25th August, 1663, published a paper entitled "A
declaration and pi'oposals to all who will plant in Carolina." On the 8th
September, 1663, the Lords Proprietors empowered Governor Berkeley,
of Virginia, to inaugurate a government in Albemarle, in order that the
King might see " they slept not with their grant."

In 1664 the Proprietors commissioned William Drumraond as Gov-
ernor of Albemarle, but of the commission and the instructions accom-
panying it we have no copy. That he had a prior connnission fi'om
Berkeley, as is commonly stated, is, to say the least, very doubtful. The
only authority for this supposition seems to be the letter from the Lords
Proprietors in September, 1663, to Berkeley, empowering him to appoint
a Governor, there being no evidence of the exei'cise of sucli authority by

PREFATORY NOTES.

him. Indeed, the letter of 7th Jaiuiaiy, 1665, from the Proprietors to
Drummond suggests a contrary view, for they say they had sent him his
couimission and instructions. There is some uncertainty as to the date
of his appointment, also. The probability seems to be that Berkeley,
feeling the delicacy of his position, being a Lord Proprietor as well as
the Governor of Virginia, refused to act undei- the authority given to
him, or at least to do so openly, and that nothing was done towards inaug-
urating a government in Albemarle until the fall of 1664, the date of
Drunimond's commission from the Proprietors. There is no claim that
any government was instituted prior to 1664. Chalmers says expressly
that the authority conferred upon Berkeley by the Proprietors in 1663,
was exercised by him "during tlie subsequent year," and Williamson that
it was " in the following summer." In addition to this, Albemarle was
not included in the tobacco-cessation negotiations of the early part of
that year, and it doubtless would have been included had any govern-
ment then existed there. According to Berkeley's instructions, too, the
term of office of the Governor was to be three years, with the promise
of reappointment if he conducted himself properly. Drunimond's suc-
cessor was appointed in October, 1667. From this it would seem that
the Government in Albemarle began in October, 1664, and that Drum-
mond got his commission, not from Berkeley, but directly from the Pro-
prietors, and served his full term. Doubtless, however, he had Berke-
ley's private recommendation. The fate of this first Carolina Governor
was a tragic one, for having returned to Virginia and taken pai't in
Bacon's great Rebellion there in the years 1676 and 1676, he was cap-
tured and iiung. Being carried before Governor Berkeley, the Governor
made him a low bo^v and said, "Mr. Drummond, you are very welcome.
I am more glad to see you than any man in Virginia. Mr. Drummond,
you shall be hanged in half an hour." And sure enough he was exe-
cuted "as soon as a council of war could meet, his sentence be dispatcht
and a gibbet erected." But for all that he seems to have been a gootl
man and a patriot more worthy of respect and remembrance, perhaps, than
any Colonial Governor ever in Carolina.

PREFATORY NOTES.

On the 1st November, 1664, Robert Saniford [Sandford] was commis-
sioned Secretary and Chief Register of the county of Clarendon, and on
the 24th of same month Jolin Vassall was commissioned its Surveyor-
General.

On the 7th January, 1665, the negotiations with Major Yeamans
resulted in an agreement between the Lords Proprietors on the one part
and his father, John Yeamans, and his associates of the other pai't, based
upon the provisions of a document entitled "The concessions and agree-
ment of the Lords Proprietors of the Province of Carolina, to and with
the adventurers of the Island of Barbados and their associates of Eng-
land, New England, the Caribbia Islands and Barmotthos to the Prov-
ince of Carolina, and all that shall plant there. In order to the settling
and planting of the countye of Clarendine, the county of Albemarle and
the county of , which latter is to bee to the southward or west-
ward of Cape Romania, all within the Province aforesaid."

Up to 7th January, 1665, the Lords Proprietors seem to have had no
fixfd general plan for the settlement and government of their province,
but considered each proposition made tu them vu its own merits solely.
For instance,, their proposals for May and August, 1663, were intended
for settlers at Cape Fear. For Albemarle they had other views. There
they left everything to the judgment of Berkeley, hoping, however, that
as a considerable settlement was actually in progress there, and because
of its proximity to Virginia, they would get more favorable terms.
Now, however, this haphazard policy was changed and a general plan of
operations was matured and took shape in the provisions of the docu-
ment above referred to, called the Concessions of 7th January, 1665.
This wa.s in brief to give each colony or county its own gov'ernment sepa-
rate and "distinckt" from the others in authority, but identical in form
and charac-ter, and this form of government, for anything that appears to
the contrary, lasted until after the adojjtion of the Fundamental Consti-
tutions in July, 1669. In fact, the Great Deed of Grant of 1st May,
1668, refers to the Concessions as then in force. The counties were to
be eight in number, and each under the charge of one of the Proprietors
or his deputy, Clarendon being the first settlement formally erected into

PREFATORY NOTES.

a county and Albemarle the second. Each («unty was accordingly named
after a Proprietor, viz. : Clarendon, Albemarle, Craven, Berkeley, Colle-
ton, Bath, &c. These county governments were to be consolidated into
an imperial government, and to this end instructions were issued to Gov-
ernor Ijudwell, in 1()91, to summon a Parliament of "20 delegates for
the free men of (-arolina, viz.: 5 for Albemarle county, 5 for Colleton
county, 5 for Berkeley county, and 5 for Craven county." The slow
growth of the settlements in the northern part of the province prevented
the consummation of this plan of government and tinally brought about
the division of the province into the two governments of North and South
Carolina. With the territory between the Neuse and the Santee Rivers,
some 200 miles in width, so long uninhabited by white people, a division
of the province was inevitable.

On the 11th January, 1666, the Lords Proprietors connuissioned John
Yeamans, lately made a Baronet at their instance, Governor during their
pleasure of the county of Clarendon "neare Cape Faire and of all that
tract of ground which lyeth southerly as far as the River St. Mathias."
The county also had a Legislature, as appears from a petition of the mem-
bers thereof addressed to the Lords Proprietors, in the year 1666.

In October, 1667, the Lords Proprietors commissioned Samuel Stephens
Governor of Albemarle, during their pleasure, and sent him certain in-
structions defining his powers, the form of government, &c.

This is the document referred to by Dr. Hawks as containing the first
constitution given to Carolina. A comparison of this document, how-
ever, with the paper of the 7th January, 1665, shows that the so-called
"first constitution" of 1667 was merely a transcript from that paper, to
which, indeed, it refers by name, as the " Concessions," the paper of Janu-
ary, 1665, being the only one of that name. It will be seen, too, that the
form used for the commission of Stephens, in 1667, is identical with that
used for Yeamans' commission, in 1665, and that the instructions given
for the sale of land in Albemarle in 1667 are identical with those given
in the Concessions of 1 665 for the sale of land there.

It is evident that Chalmers had not seen the Concessions of January,
1665, and that he misquoted the instructions of October, 1667. For the

XVI PREFATORY NOTES.

former, there is probably a good excuse, as the only copy of it preserved
seems to be that found in the Shaftesbury Papers whii-h liave only
recently been placed in the Public Record Office in Ijoudon.

The chief beauty and excellence of the constitution, so-called, of 1(367,
that according to Chalmers gave such great satisfaction to the people of
Albemarle, had, unhappily, no existence save in Chalmers' own imagina-
tion. Under that constitution, accoi'ding to Chalmers, the Governor was
obliged to act altogether by the advice of a Council of twelve — one-half
to be appointed by the Governor and the other by the ^\.ssembly, and this
he boasted was a sufficient reply to what critics called a defect in Colonial
Government, viz. : that the same men constituted the Senate, the Gov-
ernor's Council and the Court of Appeals. Unhappily, the records show
that the Assembly had no share whatever in the appointment of the Coun-
cil, but that the Governor alone apjiointed each and every one of its
members. The right of the Assembly to share in the appointment of
Councillors did not accrue until after the adoption of the Fundamental
Constitutions of 1669.

Had Chalmers known anything of the Concessions of January, 1665,
and had he quoted accurately the instructions of October, 1667, his nar-
rative of events, as well as that of Dr. Hawks, who followed him, would
doubtless have been less confused and more consistent.

It is generally assumed that Stephens continued to be Governor from
1667 till his death in 1674, and yet it would seem from the "Instruc-
tions to the Governor and Council of Albemarle," on page 181, that
Peter Carteret was Governor in 1670, at least until after the 20th Jan-
uary. On the 20th January, 1670, Lord Berkeley, then just elected
Palatine, " commissionated Samuel Stephens to be his Deputy and Gov-
ernor of Albemarle," as he had a right to do under the Fundamental
Constitutions. It does not appear who was the appointee under the Duke
of Albemarle, the first Palatine, who was elected on 21st October, 1669,
if any there was. Probably Carteret was, but if so, there is no proof of
the fact. Carteret was Governor after Stephens' death, and, Ijecoming
disgusted, returned to England, leaving the Government in Albemarle
" in ill order and worse hands." Jenkins succeeded him as President of

PREFATORY NOTES.

the Council, and was turned out in 1G75 by tlie Assembly. The widow
of" Governor Stepliens sceni.s to have been fond of official life. After his
death she married Governor Berkeley of Virginia, and ai'ter his death she
married Governor Ludwell of Carolina.

On the 1st May, 16QH, the Lords Proprietors, in response to a petition
of the General Assembly held in the latter part of the year, 1664, or the
early part of 1665, issued a paper known to this day as The Great
Deed of Grant. By this' deed land in ^Vlbemarle was directed to l)e
granted upon the same terms and conditions as in Virginia. The deed
was duly recordc^l in Albemarle and the original preserved with the most
scrupulous care. Sixty-three years after its date, the original was
formally brought into the Assembly and ordered into the special custody
of its Speaker, and its text spread upon its minutes.

The pains taken to secure the preservation of this important document
in Albemarle seems to have been very necessary, for Governor Burrington
declares in one of his letters that he could not, after diligent search, find
any record of it in England. There was such a record, however, as may
now be seen by reference to page 29 Colonial Entry Book, nimiber 20,
in the Public Record Office in London.

Various efforts were also made from time to time by the authorities
both in England and in Albemarle, to break its force by declaring not
only that it was a revocable deed, l)ut that it had at various times actu-
ally been revoked and annulled. Governor Gabriel Johnston, a very
arbitrary official in his dealings with tlie colony, was especially urgent in
pressing this view of the case.

On the 21st -Tulv, 1669, the Lords Projjrietors, not content with the
simple form of government instituted by them in January, 1665, signed
Locke's Fundamental Constitutions, but for want of Landgraves, Cas-
siques and a sufficient number of people, they were never put into prac-
tical operation in North Carolina. Their chief impress, it is believed, is
to lie found in tlie enacting clause in the acts of Assembly between 1669
and 1729. In their stead the Lorils Proprietors, from time to time, sent
out instructions to the Governor and Council of Albemarle, which they
said were as "nigh" the F"'undamental Constitutions as thev could come

PREFATORY NOTES.

under the circumstances. These constitutions, though purporting to be
unalterable, went through no less than five editions, so to speak, before
they were altogether abandoned as utterly impracticable and absurd.
The first set or edition of these constitutions was signed on 21st July,
1669, the second on the 1st March, 1670, the third on 12th January,
1682, the fourth on the 17th August, 1682. The fifth and last edition
bore date on the 11th April, 1698, and was duly assented to by the
delegates in the General Assembly. The first set, that is to say, the
constitutions of 21st July, 1669, was also, doubtless, formally assented
to. When these constitutions were formally abandoned, if ever, does not
appear. The year 1693 is the date usually assigned to that event. This
cannot be true, however, because as we have seen, the last set of the con-
stitutions was issued five years afterward, and again, in 1702, we find
in the instructions and commission to Governor Johnson conclusive proof
that the Lords Proprietors were still seeking to enforce the constitutions.
See Appendix.

In 1672, William Edmundson, the Quaker, visited Albemarle, finding
there only one Quaker family, viz. : that of Henry Phillips, though there
were Quakers in Virginia. Later in the same year George Fox also went
over the same ground, making converts from other denominations. In
1676, Edmundson made a second visit to Carolina, and wa.s made happy
by seeing that the " Friends were finely settled there." It would seem,
therefore, that the Quakers formed only a very small part of the earliest
inhabitants of Albemarle, and that even that small part became Qua-
kers by conversion from other faiths after reaching Albemarle.

The belief therefore that they came as Quakers to Albemarle to escape
persecution as such in Virginia or elsewhere is not well founded. The
truth seems to be that the Quakers being the first and for a long time the
only denomination that sought to arouse the people of Albemarle to a
sense of their duty as Christians, easily gathered into their fold the bulk
of the religious element of the country of all former faiths.

This view of the case is confirmed by the declaration of Governor
Walker, who, under date of 21st October, 1703, wrote from Albemarle to

PREFATORY NOTES.

the Bishop of London, saying, " We have been settled near this fifty years
in this jjhice, and I may justly say most part of twenty-one years, on my
own knowledge, without priest or altar, and before that time, according
to all that appears to me, much worse. George Fox some years ago came
into these parts and by strange infatuations did infuse the Quakers' prin-
ciples into some small number of the people; which did and hath con-
tinued to grow ever since very numerous by reason of their yearly send-
ing in men to encourage and exhort them to these wicked principles; and
liere was none to dispute nor to oppose them in carrying on these per-
nicious principles for many years, &c." But even tiiough they continued
to grow so "very numerous," the Quakei's as late as 1709 constituted
about a tenth part only of the population.

The evidence of Mr. Gordon, one of the English Missionaries in Albe-
marle, is also quite explicit on this point. He says, in a letter to the
secretary of the Society for the Propagation of the Gospel in Foreign
Parts, dated 13th May, 1709:

" Tliere are few or no dissenters in this government, but Quakers, who
have lieen always the greatest sticklers against, and constant opposers of,
the churcli, and that with no small success; it will not, therefore, be
improper to trace their rise, with the privileges and immunities they still
plead and contend for at the present day, to the great disturbance of the
peace of that province and the hindrance of good laws and other proper
endeavours for its improval.

" From the first settlement I find for some years they were few in num-
ber and had little or no interest in the government until John Archdale,
Proprietor and Quaker, went over, by whose means some were made
Councillors: and there being then no ministers in the place, they began
to increase and grow powerful ; for the Council granting all commissions,
in a short time they had Quaker members in most of their Courts; nay,
in some the majority were such, who, still pushing at the government,
were very diligent at the election of members of the Assembly, &c."

Tlie views expressed above are not in accord with those expressed by
Dr. Hawks in his history of North Carolina, but for all that, it is sub-
mitted that they are essentially correct. There is no evidence that Dr.

PREFATORY NOTES.

Hawks had seen the Journal of Edmundson, and he evidently misappre-
hended the joiirneyings of Fox, whose Journal he had seen. Dr. Hawks
savs Fox went upon the Roanoke river and its tributaries, and that it was
to that section he referred when he said there were no Friends there. In
this latter declaration he is clearly mistaken, for Fox was speaking of the
Macocomocock river, and not the "Maratick," when he said there were
no Quakers inhabiting that part of the country. And what is quite as
important, Dr. Hawks had forgotten that Albemarle Sound, or River, as
it was called, was also called Roanoke Sound.

Fortunately, the hamlet of Somerton, one of the places visited by Fox
and mentioned by him, bears to-day the same name it bore when Fox
was there. It is situated in Virginia, very near the North Carolina line
and very near the road leading from Suffolk, Virginia, to Gatesville,
North Carolina, on Bennett's Creek, the two places being about twenty-
eight miles apart.

If Dr. Hawks had taken a map, and with Fox's Journal before him,
had traced his route therein set forth, he would have seen that Fox went
not upon the Roanoke and its tributaries, but from Somerton, to Ben-
nett's Creek [not Bonner's Creek, as printed in the Journal] ; from thence
down the creek to Chowan River, thence down the sound, or, as Fox
expressed it, "down the river Maratick," to Fdenton Bay; thence into
Pasquotank and Perquimans counties, where, says Dr. Hawks, the
great body of the Quakers were settled. But if an inspection of the
map was not convincing, the statement of Fox himself that he went
to Connie-oak Bav, where he met the Governor of the Colony, and to
other points, where he met Representative Scott and the Secretary of the
Colony, and his further declaration on his return, that he had spent his
time in the " north of Carolina," would be conclusive that he was not upon
the Roanoke or any of its tributaries. There was then no county or pre-
cinct on the Roanoke or its tributaries, and not any for years afterward,
nor was there any representative, secretary. Governor or other official
living there. Nor could it be said that the Roanoke was in the north of
Carolina.

PREFATORY NOTES.

Indeed, considering the small number of Quakers in tiie world at the
date of the first settlement of Albemarle, and, the remoteness of their
place of origin, it would be strange had they been the pioneers in Caro-
lina.

It is perhaps a very flattering unction that we lay to our souls in sup-
l)osing our State was settled by men seeking religious freedom, but
unhappily there seems to be no solid foundation for the belief. So far
as we can see, the moving causes of immigration to Albemarle were its
di'ligiitfu] climate, magnificent bottom lands and bountiful products.
Tnunigration, in early days, divested of its glamour and brought down
to solid fact, is the history of a continuous searcli for "bottom land."
Up stream and up creek, across divides to other water courses, tliere was
ever the same object in view, more bottom land and better bottom land.
As has been said, the early settler did dearly love a wide stretch of l)ottom
land. And in this connection it may be well enough to call attention to the
fact that the designation of Roger Green as a "clarke," that is to say, a
"clerke" or clergyman, in the Virginia Statute, puts beyond dispute
the fact that he was a clergyman of the Church of England, and entirely
upsets the theory that in seeking to leave Virginia he desired to find a
freei', if not a purer, religious atmosphere. In tliat day only the ministers
of the Church of England were styled " clerkes " or clergymen in the Vir-
ginia Statutes. It matters not, however, what were Green's denomina-
tional preferences, for it is almost certain that he never made any settle-
ment in Albemarle. Yardley did not find him there in 1654, nor does
he seem ever to have been heard of after the date of his orant in 1653.

In 1677 began the Culpeper Rebellion, so-called. According to the
written statement of the Lords Proprietors themselves, Thomas Miller,
the man against whom Culpeper "rebelled," was not a Governor, but
a usurper, who " without any legal authority gott possession of the govern-
ment of Albemarle, in Carolina, in the year 1677 and was for a tyme
quyetly obeyed but doeing many illegall and arbitrary things and drink-
ing often to excess and putting the peo])le in generall l)y his tlireats and
actions in great dread of their lives and estates and they as we suppose

PREFATORY NOTES.

getting some knowledge that he had no legall authority tumultuously and
disorderly imprison him," &c. Culpeper, however, was tried for treason
in England and acquitted, Shaftesbury being a witness in his belialf. In
view of the facts as now presented, the blood-thirsty talk of Chalmers
and of Dr. Hawks, who adopts not only the sentiments but the language
of Chalmers, seems, to say the least of it, I'ather out of place. How
it happened that Chalmers failed to see the statement of the Lords
Proprietors above mentioned may now never be known.

In 1679, Virginia having failed in the efforts she had been making
since 1664 to reduce the production of tobactx) by joint legislative action,
first with Maryland and then with Albemarle and Maryland, resorted to
another legislative experiment to accomplish the purpose, and passed the
first of a series of acts extending through the entire Proprietary period,
prohibiting Carolina tobacco from being carried into Virginia. As Albe-
marle had no sea-ports worthy the name, the effect will at once be seen,
for tobacco was her money crop. It was a cruel blow; there were then
no railroads to give one colony free access to the ports of another, and
there was then no Federal Constitution to prevent embargoes and other
unneighborly acts.

In July, 1680, Governor Culpeper, of Virginia, issued an order fi)r the
collection of rents and taxes from the inhabitants of Currituck and
Blackwater, claiming them to be Virginians, and thus put into active
operation a dispute with Carolina about the boinidary line that did not
end until 1728, when the restoration of the province to the Crown was
an assured fact.

This dispute had its origin, it may be said, in the grant of the second
charter. It will be remembered that the first charter fixed the 36th
parallel of north latitude as the boundary between Carolina and Vir-
ginia, and that it was only by the second charter in 1665 that the bound-
ary was advanced northward to a line running from "the North End
of Currituck River or Inlet upon a strait westerly line to Wyanoak
Creek which lies within or about tlie degrees of thirty six and thirty

PREFATORY NOTES. xxiii

minutes northern latitude and so west in a due line, &r'." Tlie line of
36° runs just south of Edenton, Hillsboro, Greensboro, and soon, M'cst.
So that the effect of the second charter was to add the settlement on the
Chowan to the territory of Carolina. That this addition was not sooner
made was doubtless due to a misapprehension on the part of the Ijords
Proprietors as to the exact location of their settlement on the Chowan,
for we find them in a letter of 9th September, 1663, saying the settle-
ment is " in the latitude of 35 or thereabouts, to which place we have
ordered a Governor to be sent from Virginia." It would seem from this,
and, indeed, from all their actions, that the Ijords Proprietors thought
the Chowan settlement had been given to them by the first charter. Jiut
however this may have been, Virginia regarded the second charter as an
encroachment upon her rights, and Berkeley, the Governor, who was a
grantee under it, was charged with treachery in permitting it. It was
soon noised about, too, in Albemarle that "North Carolina," as the terri-
tory covered by the second charter was now called, was to be given to
Berkeley for his share of Carolina, and the rumor created so much dis-
satisfaction that the Ijords Proprietors felt obliged to write out there to
the Assembly in 1676, declaring it to be false. In a few years, Berkeley
being dead and a new Governor in his place in Virginia, as we have seen,
the territory was boldly claimed as the rightf'nl property of Virginia and
as stoutly held by the Lords Proprietors. At first Virginia denied the
existence of the second charter and anj^ new line. Easily beaten in this
by inspection of the record, she continued the fight on the location of the
natural objects called for along the line and controlling it, and thus the
matter stood for nearly fifty years. The record as now presented is one
that North Carolina does not need to be ashamed of in spite of the con-
stant vituperation of her authorities by the Virginia authorities.

Mr. W. C. Kerr, late Geologist of this State, in the introduction to
his volume on the Geology of North Carolina, says:

1. The first and only serious attempt to ascertain the northern bound-
ary was made in 1728, by Col. Wm. Byrd and others, commissioners on
the part of the two colonies acting under Royal authority.

XXIV PREFATORY NOTES.

2. That in all the nunierou.s attempts to establish the line of division
between the two colonies and States, the intention and the specific instruc-
tions have been to ascertain and mark us the boundary of the two States
the parallel of 36° 30'.

Both of these statements are erroneous.

In the first place, the survey of 1728 was by no means the first or the
only serious attempt to ascertain the northern boundary, as the records
show. 2d, the line as run in 1728 was not an attempt to ascertain and
mark the parallel of 36° 3U', but an attempt to run a line between certain
natural objects regardless of theii- coincidence or want of coincidence with
the parallel of 36° 30', and agreed upon as a compromise by Governors
Eden and Spotswood. 3d, it was at no time, from the grant of the charter
to the running of the line, the purpose to make the parallel of 36° 30'
the boundary.

And just here it may be remarked we have the origin of another dis-
pute of long standing — that about the use of the terms North Cai-o-
lina and Caroliua rather than North Carolina and South Carolina. For a
nundjer of years when "North Carolina" was spoken of, only the addi-
tional territory covered by the second charter was referred to, that conveyed
by the first charter being called " Carolina." In the course of time North
Carolina came to embrace all the territory of the province, north and
east of Cape Fear, and the distinction between North Carolina and
Carolina, was no longer appropriate, though surviving in common
speech.

In 1689 the Governor ceased to l)e called Governor of Albemarle,
and was called Governor or Deputy Governor t)f North Carolina. In
this same year Governor Sothel, himself one of the Lords Proprietors,
was tried by the Legislature, or rather by the popular branch of it, con-
victed and sentenced to banishment for one year and to perpetual dis-
franchisement.

The remarkable pronunciamento of Capt. Gibbs of the 2d June, 1690,
develops a claimant for gubernatorial honors in Carolina hitherto
unknown to fame. By what authority he claimed to be Governor does

PREFATORY NOTES.

not appear. A possible solution of the matter is, that when Sothel was
banished he appointed Gibbs to succeed him. Gibbs was as violent in
acts as he was boastful in words, as may be seen from the letter of
Governor Ludwell of 19th July, 1690. The good people of Albemarle
were, however, as quick to resort to arms for resistance, as Gibbs was
for outrage and oppression.

In 1701 the I^egislature having passed an act for the election of ves-
tries and for the maintenance of clergymen, efforts were first made to
secure regular religious services according to the requirements of the
Church of England. The Quakers also began to hold regular monthly
meetings in the same year ; at least we have no records of such meetings
at an earlier date. About this time, also, the Society for the Propagation
of the Gospel in Foreign Parts began its work of sending clergymen of
the Church of England as missionaries to North Carolina, a work that
was continued mitil the beginning of the Revolution.

The subserviency of the Legislature to the dictation of the Govern-
ment in the matter of religion seems not to have gone as far in North
Carolina as it went in her sister colony of South Carolina, for the two
church acts, requiring conformity to the Church of England, that raised
such a commotion in South Carolina in 1704-'5 that upon a representa-
tion from the House of Lords the Queen not only repealed them but
ordered proceedings in quo warranto to be instituted against the Lords
Proprietors for a forfeiture of their ciiarter, seem never to liave teen
passed in North Carolina.

It is true, as said above, that a vestry act was passed in 1701, but while
this was doubtless an act for the establishment of the Church of England in
the colony, it by no means required conformity thereto. We have nocoj)y
of the first vestry act, but its provisions, as may easily be gathered
from the letters of the missionaries and others to the Secretary of the
Society for the Propagation of the Gosj^el in Foreign Parts, were
substantially the same as those of the vestry act of 1715, of which we
have a complete copy.

XXVI PKEFATORY NOTES.

Neither Chalmers, nor Williamson, nor Martin refer to any sueh acts as
those passed in South Cai'olina. Martin indeed says that Governor Daniel
procured the passage of a bill for the establishment of the Church of
England by legal authority, but the provisions of that act, as set forth
by him, are the well-known provisions of the vestry acts of North Caro-
lina, not the provisions of the South Carolina -acts. More important tes-
timony still is the silence of the missionaries in their correspondence.
Not a word in all that correspondence gives the slightest ground for
crediting the existence of any such acts, and it is well-nigh impossible to
suppose that had any such acts been passed no reference would have been
made to them.

Nor do the proceedings in England resulting in the repeal of the South
Carolina acts make any reference to North Carolina. If North Carolina
had any concern in those proceedings the record utterly fails to show it.

No doubt Governor Daniel would have done in North Carolina all that
his friend and patron Governor Johnson did in South Carolina, had he
been able to do it. All he could accomplish, however, was to secure the
reenactment of the vestry act of 1701. Between this act and the South
Carolina acts there was, as we have said, a wide difference. In North
Carolina a church was indeed established by law, but the people needed
not to conform to its faith or its services unless they chose to do so.
Here the oppression went so far as to require men to pay taxes for the
support of a church whose services they did not desire to attend. In
South Carolina it required unwilling men to conform to its services, as
well as to pay for them, upon pain of disfranchisement.

The confusion upon this point arises in part at least, doubtless, from
the trouble with the Quakers about this time. But this trouble arose not
from any acts passed for the establishment of the Church of England or
requiring conformity thereto, but from the refusal of the Quakers to take
oaths, even the oath of allegiance. It happened just about this time
that the new oaths of allegiance made necessary by the recent accession
of Queen Anne to the throne, reached Albemarle. As a matter of course
the Quakers refused to take them, their faith prohibiting anything stronger
than an affirmation, and hence the trouble. This view of the case seems

PREFATORY NOTES.

to be very strongly confirmed by the intelligent statement of events in
Mr. Gordon's letter of the 13th May, 1709, to which attention is espe-
cially directed.

For the benefit of those who may desire to examine the qnestion for
themselves, the Sonth Carolina Acts and Qneen Aime's Act have been
printed in the Appendix. •

The next event of public interest was the so-called Caiy Rebellion,
which was finally put an end to by the armed intervention of Governor
Spotswood of A^irginia. It is generally stated to have lasted from 1708
to 1711, but the statement is scarcely accurate. The history of this
''rebellion" is, in brief, as follows: In 1704 the new oaths of allegiance
made necessary in consequence of the recent accession of Queen Anne
to the British throne, reached Albemarle, and Governor Daniel required all
officials to take them. The Quakers not only refused to take them, but had
influence enough with the Lords Proprietors to induce them to turn out
Daniel and put Colonel Thomas Cary in his place. Cary also required the
oaths to be taken by all officials, and he, too, was deposed. The Proprie-
tors then authorized the Council to elect a President, in whom executive
authority was to be vested, the right of the South Carolina Governor to
appoint a Deputy Governor being suspended in the meanwhile. The Coun-
cil met and elected William Glover as its President. He, too, required the
oaths to be taken by all officials, and thereupon the Council met again and
elected Cary to be President in the place of Glover. In 1708, in order
to put an end to the strife, it was agreed to refer the matter to the Assem-
bly for decision, and to this end a new Assembly was called, both Cary
and Glover issuing writs for the election. The Assembly met in October,
and after seating Cary delegates from Chowan whose election was con-
tested, proceeded to elect Edward Moseley Speaker and to recognize Cary
as the lawful Executive. At this date the Colony consisted of two coun-
ties, Albemarle and Bath. Albemarle had four precincts, Chowan, Cur-
rituck, Pasquotank and Perquimans, each of which sent five delegates to
the Assembly. Bath had three precincts, Pamptecough, Wickham and
Archdale, each of which sent two delegates. The Assend)ly, therefore,

XXVIII PEEFATORY NOTES.

consisted of tweuty-six members, and as Pasquotank, Perquimans and
the three Bath precincts sent Gary delegates to the Assembly, he had a
clear majority without the Chowan members. The fact that the Quakers
had the balance of power, if not the majority, in Pasquotank and Per-
quimans, two of the four large precincts, explains why it was that they
could exercise a commanding influence in the Asseml)ly whenever they
desired to do so.

Glover, however, refused to abide by the decision of the Assembly,
protesting that its members had not cjualilied according to law and that
in consequence thereof he was not bound by anything it did.

Both sides, it is said, resorted to arms, but the evidence of any actual
armefl conflict is very slight. The truth seems to be that from 1708
till 1711 there was not really any rebellion or insurrection, but an utter
absence of all govei-nment, there being for "two years and upwards no
law, no justice, Assembly or courts of jucHcature, so that ])eople did and
said what they list." In the summer of 1710 Edward Hyde came upon
the scene, asserting that he had been sent tliere to be Deputy Governor,
but that owing to the death of Col. Tynte, Governor of Carolina, lie had
no commission and could get none. The only proof he could make of
his statement was some private letters in his possession. In spite of
this, however, his story was believed, and the Council, tired of the con-
flict doubtless, in deference somewhat, possibly, to the supposed wishes of
the Lords Proprietors and l)ecause of the "awful respect" inspired by
Mr. Hyde's relationship to the Queen, proceeded to elect him its Presi-
dent, though by what authority a person not a member of the Council
was thus chosen, does not appear. Hyde went on duty as President,
ordered an election for a ncM' Assembly, and everything seemed to promise
a complete restoration to jieace and good order.

Tlie Assembly met in March, 1711, and the adiierents of Hyde being
largely in the majority, the temptation to wreak vengeance on their old
enemies was greater than they could resist. Violent legislation, disap-
proved of botli by Governor S])otswood and the Ijords Proprietors, fol-
lowed. [See page 784, et scq.~\ To prevent this legislation from going
into effect, a fresh resort was had to arms, constituting the rebellion that

PREFATORY NOTES. xxix

Governor Spotswoud of Virginia put down by an arnu'il force. During
all this time the Lords Proprietors seemed to have been indiiferent if
not disinterested spectators of events in Albemarle, and it may well
be doubted whether the legal authority of the government against which
Gary rebelled was any greater than that of the government against which
Culjieper rebelled thirty years before. In fact, Hyde was not commis-
sioned until 24th January, 1711-12, and did not take the oaths of office
until the 9th of May following, nearly a year after Spotswood's armed
intervention in his behalf. The records relating to this "rebellion"
come to US from Pollock and S]X)tswood with all the bias and color-
ing that the bitterest partisanship could give. No crime was too gi'oss
or too unnatural to impute to Gary and his followers. Against Gary
it was alleged that he threatened to repeat in Albemarle the tragic occur-
rences in Antigua, where, in 1709, the people having been "cursed by
the Government of a ferocious and un])rinciple<l tyrant" for three
years, "rose in a body, overpowered the regular troops, tore the living
body of the oppressor limb from limb, and gave the fragments to beasts
of prey. So well was this punishment thought to be deserved," con-
tinues the historian, "that the British Government ratitied the act by
granting a general pardon to all concerned in it, and shortly afterwards
promoted two of the jjrincipal actors to pul)lie offices." The fate of
Governor Parke, of Antigua, was not, it seems, a jileasing subject for
contemplation in gubernatorial circles, either in Albemarle or in Vir-
ginia. Against Gary's adherents, if not against himself, was alleged
the instigation and solicitation of the horrible Indian massacre of Sep-
tember, 1711, and to this last charge Dr. Hawks seems seriously to
give credence; but the good Doctor was a devoted follower of Pollock
and a firm believer in the doctrine of " obedience to the powers that be."
There seems to be l)ut little doubt that Quakers, how many it is now
im])ossil)le to say, bore arms during the Gary Rebellion. This violation
of the ])rinciples of their faith was doubtless due to the fact that tliey were
not born Quakers, and wei'e still under the dominion of the natural habit
of belligerency.

PREFATOEY NOTES.

In Sejjtember, 1711, occurred a terrible massacre of the colonists on
the Neuse and Pamplico by the Indians, the Tuscaroras being- the chief
instigators thereof, that, with the Indian war that followed, blighted the
colony for years, and would have destroyed it entirely but for the prompt
and generous action of South Carolina in coming to its assistance. Gov-
ernor Spotswood of Virginia made a very eloquent speech to his Legis-
lature, appealing to its members by all the considerations of humanity,
kinship, neighborhood and self-interest for help for their brethren in
Albemarle, and succeeded in getting an appropriation of £1,000 in their
behalf; but the appropriation was not expended, the security required
by Governor Spotswood for repayment being such as the North Carolina
authorities said they could not give. The security i-equired by Governor
Spotswood was a mortgage upon the territory north of the Roanoke, that
is to say, tiie inhabited part of the territory, then in dispute between the
two Cdlonies. South Carolina voted £4,000 and sent troops at once,
without asking for a mortgage, or other security for repayment.

What was the character of the previous intercourse between the colonists
and the Indians does not fully appear, though it was doubtless much
like that between other colonists and Indians. We know that there
was an Indian invasion in Albemarle in the early fall of 1606 of suf-
ficient magnitude to prevent the transmission of the act of Assembly
of that year for the cessation of tobacco-planting to Maryland by the
last of September, the time agreed uj)on for it to be there, and from the
common use of the term "enemy Indians," it would seem that hostilities
with the Indians were not infrequent.

But even if there had been an unbroken peace hitherto, the massacre
of 1711 was horrible enough to make the Indian annals of Albemarle
of the bloodiest and crudest kind. One hundred and thirty people were
massacred in the space of two hours. Women were laid upon the house
floors and great stakes driven through their bodies; from others, big
with child, the infants were ripped out and hung upon trees; and so
hotly did the Indians pursue the survivors that the dead were left un-
buried, a prey to dogs and wolves and vultures. Then, and during the

PREFATORY NOTES.

war that lollowed, it is said that moru than ei,<!;hty uiil)a[)tizcd infants
were shi lightered.

On the ^4th oi' Jannary, 1712, was eonmiissioned tiie first Guvernur
of North Carolina separate and distinet from Sonth Carolina.

The volnnie eonclndes with the Mannseript of Baron DeGraffenried,
covering his stay in Anieriea, his eontraet for the Palatines and an extract
of his letter to Governor Hyde. In his MSS. will be found a plain and
satisfactory explanaticni of Colonel JJarnwell's motives for not assaulting
the Indian fort when its capture was no longer a matter of doubt. The
reason was, that the fort was full of white captives, who cried out that
they would be slaughtered if the assault was made. Surely a sufficient
reason for "clapping uj) a peace," as Governors Pollock and Spotswood
termed it. That this simple explanation oi' a transaction for which
Colonel Barnwell was very much blamed by the Pollock faction,
comes to us from Switzerland, more than a century and a half after its
occurrence, and not from the Pollock faction, shows with how much
caution the statements of that faction must be received. Unfortunately,
all the records of that day that have come to us were made by the Pol-
lock faction, and none by their rivals of the Moseley faction. It seems
incredible that Pollock did not know why Barnwell preferred to " clap
up a peace" rather than carry the fort by assault; yet he makes no men-
tion of it. Barnwell was on too good terms with Moseley for him to
find favor in Pollock's sight. Tradition in and about the locality, it is
said, corroborates DeGraifenried's statement as to the presence of white
captives in the fort.

The people seem to have had a different opinion of Barnwell from
that entertained by Pollock, for Pollock in his letter of 20th February,
1713, speaks of an address procured by Moseley from the Assembly
to send to the Lords Proprietors in favor of Barnwell, in the hope
that it might be an inducement to them to give him the government,
"and, then," continues Pollock, "they two (Barnwell and Moseley) with
the interest of the Quakers who are the chief moulders of the assemblies
here would have carried matters on here at their pleasure" — a consum-

PREFATORY NOTES.

matiun tliat, in the opinion of Pollock, doubtlesf^, would have been the
sum of all iniquities.

The declarations of Pollock, inconsistent as they are with the opinions
of the Legislature, show the existence of a conflict in the premises between
the government and the people, for the people spoke through their dele-
gates in the Assembly, and the government spoke through Pollock, but,
unfortunately, the records of the Assemblies have not come down to us.

The date of the session of the first General Assembly is no longer
involved in much doubt, as it was certainly held either in the latter
part of 1664 or the early part of 1665. The letter of Surveyor General
Woodward, of 2d June, 1665, shows indisputably that it was held before
that date. It is certain, too, that it was held after the commission and
instructions were sent out for the government of the colony, as it peti-
tioned the Lords Proprietors against a portion of those instructions — that
jjortion relating to the grant of lands. The petition referred to is the one
to which tlie Lords Proprietors made reply in the Great Deed of Grant of
1st May, 1668. Chalmers therefore, misled doubtless by the length of
time taken to replv to it, is mistaken in saying the petition was instiga-
ted by the near approach of rent day. So far from this being true, it
was about the first official action of the settlers as Carolinians. Hitherto
tliev had been Virginians, and Berkeley, as Governor of Virginia,
granted land in Albemarle until 25th September, 1663. The point at
issue, then, was not merely as to the rate of rent per acre, but as to the
quantitv and location of land in a grant as well. The letter of Surveyor-
General Woodward shows this to be true. The minutes of the Council of
Maryland and the tobacco-cessation documents generally, show the exist-
ence of a Legislature in 1666, George Catchmeyd being Sj)eaker of the
Assembly in that year. At first the precincts of Chowan, Currituck,
Perquimans and Pasquotank, each sent five delegates to the Legislature.
In 1696, Bath was made into a county, with the privilege of sending
two delegates, and from that time as new precincts or counties were
created, thev were given similar privileges. Bath had "sent delegates
before this date under the name of the precinct of Pampticoe.

PREFATORY NOTES. xxxiir

The first statute of which we have any knowledge was "an act pro-
hihitino; the sowing, setting, planting or in way tending any tobacco,"
from the first of February, 1667, to the first of February, 1668, which
was passed in the early fall of 1666 — probably in September. Of this
act we have no copy, though we know its purport.

The next acts of which we have any knowledge, were passed in the fall
of 1669, and are nine in number, and of them we have perfect copies,
The Legislature that passed them was acting under the Fundamental Con-
stitutions, and not under the so-called Constitution of 1667, as Chalmers
asserts, a fact that will be patent to any one who will take the trouble to
read the enacting clause set forth in full in each of said acts. Until the
rcccijjt of the transcripts from the British Record Office in Loudon, we
had no copy of any law of an earlier date than 1715.

And, in this connection, it may be remarked that, though the Legis-
lature was called both by the Lords Proprietors and the Legislatures
themselves, "The Grand Assembly," its real legal name was "The Gen-
eral Assembly." The first use of the term "Grand Assembly," so far
as we know, occurs in the Great Deed of Grant of 1st May, 1668. It
also occurs in the acts of 1669, and again in some of the acts of 1715.
and afterwards, and not merely in the "earliest legislation," as Dr.
Hawks asserts.

One of the acts passed in 1669 protected new-comers from their foreign
creditors for five years, and from tliis, Albemarle came to be denounced
as the resort of thieves, rogues, vagabonds, &c. It happens, however,
that North Carolina was neither the pioneer nor alone in this kind of
legislation. In 1642, Virginia passed a law forbidding suits to be brought
on foreign debts, and gave as a reason therefor, that many people had,
"through their engagements in England, forsaken their native country
and repaired hither, with resolution to abide here, hoping in time to gain
some competency of subsistence by their labors, yet, nevertheless, their
creditors, hearing of their abode in the colony, have prosecuted them
with their actions to the ruin of said debtors," &c., &c., &c., &c. In
1663 the law was formally re-affirmed, because, having been accidentally
omitted from the printed volume of the statutes, it was feared damage

PREFATORY NOTES.

would ensuo by reason of its supposed repeal. In 1GX6, North Carolina
and Maryland were exempted from the operation of the act. In 1683
and 1696, South Carolina also passed acts suspending foreign debts.
How circumstances do alter cases. When a man in England got in debt,
ran away between two suns, and settled in Virginia or South Carolina,
he was graciously and fraternally welcomed and thoroughly protected
from his "engagements," as his debts were mildly termed. If, however,
a debtor, flying his engagements, should find welcome and protection in
North Carolina, he straightway became a rogue and a vagabond. Verily,
it would seem that Virginia and South Carolina sought a monopoly of
absconding debtors.

The marriage law, passed in 1669, was also a subject of bitter reproach,
although it simply authorized civil officers to celebrate the rites of mat-
rimony. The law, it was said, tended directly to gross immorality and
vice. Experience has proved otherwise; it made marriage easy, but not
divorce. The Virginia law required the rites to be solemnized by a
clergyman of the Church of England, but as there were no clergymen in
Albemarle of any sort, the statute there would seem to have been a
necessity, bearing in mind, at least, St. Paul's wise suggestion, that "it is
better to marry than to burn." It is divorce, not matrimony, that tends
to licentiousness, and it was matrimony and not divorce that was made
easy in Albemarle. For these Virginia and South Carolina statutes, see
Appendix, which will be found at the end of the second volume.

COLONIAL RECORDS OF NORTH CAROLINA.

ABBREVIATIONS.

B. P. R. O.— British Public Reooirt Office,

C. JE. B.— Colonial Entry Books.
C. P. — Colonial Papers.

S. P.— Shaftesbury Papers.

S. P. 6. — Society for the Propai;atioii of llie (iospt-l in Fon-igii Parts.

B. T.— Board of Trade.

B. T. P.— Board of Trade Proprietors.

B. T. J.— Board of Trade Journals.

P. G. — Plantations General.

A. W. I. — America and West Indies.

COLONIAL RECORDS.

1622.

[Reprinted FROiM Smith'is History of Virginia, Vol. 2, p. 64.]

The obseruations of Master John Porv Secretarie of Viruiiiia in liis
trauels 1622

In Febrnary also he trauelled to the Sontli River Chawonock some
sixtie miles oner land which he found to be a uery fruitful and pleasant
Country, yielding t^vo harnests in a yeere and found much of the silke
grasse formerly spoken of Was kinilly vsed by the people and so returned.

1629.

[B. P. R. (). Shaftesbury Papers. Suction IX. Bondle 48. No. 1.]

SIR ROBERT HEATH'S PATENT 5 CHAREES 1st.
[30 Oct. 1(529].

Charles by the grace of God of England Scotland France & Ireland
King Defender of the faith &c : To all to «hom these pre.sent 1™* shall
come, greeting we have seen the inrolement of certaine of our 1"""' patents
under our great scale of England made to S"" Robert Heath Knight oui-
Atturney Generall, bearing date at Westminster the 30. day of October
in the o yeare of our reigne & inrolled in our Court of Chancery, &
remaining upon Record among tlic Hok's of the Said Court in the.>;e
words: The king to all to whom tliesc jjrcseiit &c : greeting. Whereas
our beloved and faithfull subject and servant S'' Robert Heath Knight
our Atturney Generall, kindled witii a (•crtainc laudable and pious desire
as well of enlarging the Christian religion as our Empire & encreasing
the Trade & Commerce (jf this our kingdom: A certaine Region or
Territorv to i)ee hereafter described, in our lands in tlic jvirts of America

COLONIAL RECORDS.

betwixt oue & thivetv & 36 degrees of northerne latitude inclusively
placed (yet hitherto untild, neither inhabited by ours or the subjects of
any other Christian king, Prince or state But in some parts of it inhab-
ited by ceitaine Barbarous men who have not any knowledge of the
Divine Dietye) He being about to lead thither a Colonye of men large &
plentifull, professing the true religion ; seduously & industriously apply-
ing themselves to the culture of the sayd lands & to merchandising to be
performed by industry & at his owne chai'ges & others by his example.
And in this his purpose in this alFayre for our service and honour he
hath given us full satisfaction, which purpose of his beeing soe laudable
& manifestly tending to our honour, & the protitt of our kingdome of
England Wee with a Royal regard considering these things doe thiuke
meete to approve & prosecute them, for which end the sayd S' Robert
Heath hath humbly supplicated that all that Region with the Isles there-
unto belonging with certaine sorts of privel edges & jurisdictions for the
wholesome government of his Colonye & Region aforesaid & for the
estate of the appurtenances may be given granted and confirmed to him,
his lieires & Assignes by our Royall Highnesse.

Know therefore that wee prosecuting with (jui' lioyall lavoai' the pious
& laudable purpose & desire of our aforesaid Attui-ney of our espe-
tiall grace certaine knowledge & nieere nnjtion, liave given, granted
& confirmed & by this our present charter to the said S'' Robert
Heath Knight his heires & assignes for ever, doe give, grant & con-
firme all that River or Rivelett of S' Matthew on the South side ct all
that River or Rivelett of the great passe on the North side, & all the
lands Tenements & Hei'editaments lying, beeing & extending within
or between the sayd Rivers by that draught or Tract to the Ocean upon
the east side & soe to the west & soe iiu-e as the Continent extends
itselfe with all & every their appurtenances & alsoe all those oui-
Islands of beagus Bahama & all other Isles & Islands lying southerly
there or neare upon the foresayd continent all wliicli lye inclusively
witliin the degrees of 31 t'i: ofi of Northerne latitude ; And all & sin-
gular the ports & stations of shipj)es & the Creeks oi" the sea belong-
ing to the Rivers, Islands & lands aforesaid ; with the fishings of all
sorts of fish, whales, sturgeons i^c of other Royaltyes in tiic sea or in the
rivers moreover all veines, mines or pits either upon or conceald of
Gold, Silver Jewells cV: precious stones & all other things whatso-
ever, Avhither of stones or metalls or any other thing or n)atter finuid or
to be found in the Region Territory Isles oi- limitts afiiresaid. And
furthermoi'c the patronages and advowsons of all churches which shall
liappen to he built hereafter in the said Region Territoi-y & Isles and

COLONIAI. RECORDiS.

liiuittr- In- the incivasc oftlu' ivlisiioii cV worsliii) di'Clirist Togetlif)- with
all & f^iugnlar tiicso ct tiicse soe am])ly, Rights .Jurisdictions, privi-
ledgt's i)r('r()oativ('s Royaltves libertycs inuminityes witli Royall rigiits
& ihuichiscs wiiatsdcver as well by sea as In land, witliin that IJetiiou
Ten-itoi-y Isles ct limitts aforesaid To liave exei-cise use & enjoy in like
manner as any Bishop of Durham witliin the Bp""''" or County palatine
of Durham in our kingdome of England ever heretofore had held used
or enjoved or of right ought or eould have hold use or enjoy. And by
the presents we make eresite c^^ constitute the same S'' Robert Heath his
heires cV: assigues true and absolute Lords ct Proprietors of the Region c*c
Territory aforesaid & all othi'r the premises for ns our heires & succes-
sors saveing alwaies the faith ct allegiance due to us our heires & succes-
sors. To have hold possess & enjoy the said Region Isles Rivers & the
rest of the premisses to the said S"^ Robert Heath Knight his heires &
assigues to the sole & proper use & behoofe of him S'' Robert Heath
Knight his heires <& assigues for ever with that meaning that the said S"'
Robert Heath his heires & assigues shall plant the premisses according
to certaine instructions & directions of oures signed with our Royall
hand of the date of the presents remaining with our principall Secretary
to our use our heires &' successors To be held of us our heires & succes-
sors Kings of England in cheife by knights service & by paying for it
to us our heires & successors one Circle of Gold formed in the fashion of
a crowne of the weight of twenty Ounces with this inscription ingraved
u];»on it Deos Coronet Opus 8uum whensoever & as often as it shall hap-
pen, that we our heires or successors shall enter the said Region, & also
the fifth & part of all the metall of Gold & Silver (which in English is
called Gold & Silver Oare) which shall from time to time happen to be
found within the toresayd limits & such a proportion of the profitts &
commoditves out of the premises as are fully conteined in the instructions
& declarations aforesaid.

But that the aforesaid Region or Territory soe granted & described
may be UKjro illustrious by us than all the otiier Regions of that land t'c
mav be adorned with more amjile Titles.

Know that we of our free grace certain knowledge <t meere motion
doe thiuke fit to ei-cct the sayd Region Territory & Isles into a Prov-
ince & by the fulnes of our power & Kingly Authority for us our
heires & successors, we doe erect & incorporate them into a province
& name the same Carolina or the ]ir(5vince of Carolina & the foresaici
Isles the Carolarns Islands & soe we will that in all times hereafter they
shall be named. Xnd becaus<^ we herebefore haA'e oi'dained & made the
fores^ S"^ Rolieit Heath Knight true lor<l (fe proprietor of all the afore-

COLONIAL RECORDS.

named Proviufe Fintlu'niiorc know yt-e tliat wo for ourselves our heires
(t successors doe give power to the said S'' Robert (of whose faith pru-
dence industry & provident circumspection we have great confidence)
& to liis heires & assignes for tlie good & hapjiy Government of tlie
said Province to forme make & enact & pulilish under the seale of the
said 8'' Robert his heires & assignes what law^es soever may concerne the
publicke state of the said province or the private profitt of all according
to the wholesome directions of & with the counsell assent & approbation
of the Freeliolders of tlie same Province or the Major part of them who
when & ns often as need shall require shall by the aforesaid 8"" Robert
Heath his Heires & ^issignes & in that forme which to him or them shall
seem best, be called together to make lawes & those to be for all men
within the said province & the bounds of it for the time beeing or under
his or their Government or power either sayling towards Carolana or
returning from thence either t)utward to England or outward to any
other dominion of ours whatsoever constiti;ted by imposition of fines im-
prisonment or any other constraint whatsoever & we grant to the said S"'
Robert his heires & assignes free full & all kind of power by the Tenour
of the presents if the qualitve of the oft'ence requires it to punish by the
losse of life or limbe by himself his heires or assignes, or by their Dep-
utyes Lieutenants Judges Justices Magestrates Officers & ministers to be
constituted & made according to the tenour & true intent of these px'es-
ents duely to be executed : And also to the said 8'' Robert Heath his
heires & assignes as to them shall seem most meet power of constituting
& ordaining Judges & Justices Magestrates & officers whatsoever for
whatsoever causes and with what poMer soever & in what forme by sea or
liv land. Alsoe crimes & all excesses whatsoever against such laws either
before judgement received or after, power of remitting releasing pardon-
ing & abolishing, & all & singular complements of justice courts tribu-
nalls forms of judgements & manners of processe belonging to them
although tiiere be not mention made nor expression of them in these pres-
ents which lawes as aforesaid to be proclaimed & to l>e endowed with the
most absolute tirmnesse of right : we will injoyne coinmanti & order that
they be inviolably observed & kept by all men the Lieges & Subjects of
us our heires & successors (as farre as it nuiy concerne them) & under the
paines in them expressed & to be expressed yet soethat the foresaid lawes
& ordinances be consonant to Reason & not repugnant or contrary but
(as conveniently as may be done) consonant to the lawes, statutes, cus-
toraes & rights of our Realme of England.

And because in the Government of soe great a Province sudden chances
many tirae> happen to %^-hioh it ^tHI be necessary to apply a remedy before

COLONIAL RECORDS.

that tlie Frtvlioldors of the sayd proviiu'e can l>e called together to make
lawe.s, neither will it be eunvenieiit, ujioii a continued title in an emer-
gent occasion to gather together .soe great a people therefore for the better
Government of the sayd Province, we will & ordaine & by these presents
for Us our Heirs & Suceessoi-s; doe grant unto the said S'' Robert Heath
his Heires & Assignes by himself or by magisti'ates i*t officers duly consti-
tuted for that purpose (as before is sayd) shall & may have power from
time to time to make & constitute wholesome & convenient Ordinances
within the Province aforesaid & l)e kept & observed as well for the pre-
serving the peace as for the better Government of the people there liveing ;
& to give publicke notice of them to all whom it doth or may concerne :
which Ordinances we will that they l)e inviolably observed within the
sayd Province under the paines expressed in them soe as the sayd Ordi-
nances be consonant to Reason & not repugnant nor contrary, but (as con-
veniently as may be done) consonant to the laws, statutes & rights of our
Realme of England as is aforesaid soe alsoe that the same Ordinances
extend not themselves against the right or interest of any person or per-
sons or to distrayne bind or burden in or upon his freehold goods or
chattels : or to be received any ^^'here then in the same Province or the
Isles aforesayd.

Moreover that New Carolana may happily increase by the multitude
of people thronging thither & alsoe that they be firmely defended from
the incursions of the Barbarous & of other practicall or plundering ene-
myes. Therefore we for ourselves our Heijes & Successors at the will &
pleasure of the sayd S" Robert Heath his heires and assignes, doe give &
grant by these pi'esents to all men & our subjects, leiges of our heires and
successors both those in present & to coiiie (unless it shall be in an espe-
ciall manner forbidden) power, licence & libertye to build & fortifve
themselves & their family es in the sayd Province of Carolana for the
publicke safety of their seats there planted, tilled & inhabited with forts
castles & other fortifications, with fitting shipes alsoe & convenient furni-
ture for transportation the statute of fugitives or any other ^vllatsoever
contrary to these premises in any wise notwithstanding We will alsoe &
for L^s our Heires & successors out of our great favour we firmely comand
constitute ordaine & require that the said Province be in our Allegiance
& that all & every our subjects & leiges & of our heires & successors
brought or to be brought into the said Province, their children either their
already borne or hereafter to be borne are & shall be Naturall and leiges
to us our Heires & successors & in all things shall be held, treated re-
puted & accounted as faithfull leiges of us, our heires & successors borne
in our Kingdom of England. And alsoe that they shall possesse lands,

10 COLONIAL EECORDS.

tenements, rents services & Hereditaments whatsoever with onr King-
dome of England & other t)ur Dominions to purchase, receive, take, have,
hold, buy and possesse & then to use & enjoy & alsoe then to give sell
alienate & bequeath & alsoe all libertyes, franchises & priviledges of this
our Realrae, to have & possess freely quietly & peaceably & that they
may use & enjoy them as om* leiges borne or to he borne within our King-
dom of England, without impediment, molestation or vexation, claime or
grievance from us our Hcires & successors whatsoever ; any statute, act,
Ordinance or provision here upon to the contrary notwithstanding : furth-
ermore that our subjects may be incited with a ready & cheerfull mind,
to undertake this expedition with the hope of gaine & the meetnesse of
privileges. Know that we out of our especiall fiivour, certain knowl-
edge & meei'e motion doe give licence & grant free power, as well to the
said S' Robert Heath Knight his Heires & assignes as to all others who
shall goe from time to time to inhabit in Carolana aforesaid, all & singu-
lar their goods as well moveable as immovable wares, merchandize alsoe
weapons & warlicke instruments offensive & defensive in any ports of
ours, our Heires & successors to be laded in shippes, for to be transported
into the province of Carolana, by him or his, or their assignes & this
without molestation by us our Heires & successors or any officers of us
our Heirs or successors, or farmers to us, our Heii'es & successors : pay-
ing notwithstanding to us, our Heires & successors all & all manner of
impositions, subsidyes, customes & other Dues for the sayd things wares
& merchandises soe exported as are usuall & accustomed, any statute act
Ordinance or other thing whatsoever to the contrary notwithstanding.
Alwaies provided that before the sayd Goodes, things & merchandises are
carried to & loaded in the shippes that licence for them be desired & ob-
tained from the High Treasiu'er of the Kingdonie of England to us, our
heires & successors, or the commissioners for our Tresurye or from six or
more of the Privy Councell, of us our Heires & successors inscribed
under their hands To which Tresurer Commissioners & privy Councell
of us our heires & successors or to any sixe or more of them; we for our-
selves our Heires & successors have given & granted as by these presents
we doe give & grant power to grant licence in the form aforesayd. And
because in soe remote a Region, seated among so many barbarous nations
it is probable that the incursions as well of tliose Barbarous as of other
enemyes Pirates & Robbers may cause feare. Therefore we for ourseh'es
our Heires & successors have given to the foresayd S'' Robert Heath
Knight his heires & assignes by himself his Captains or other his officers,
that all men of whatever condition, or -wherever borne, being at that time
in the Province of Carolana power to call to their colours, to cause

COLONIAL RECORDS. 11

Musters to make warre, to pursue enemyes & Robbers aforesaid I)y laud
& sea, even beyond the bounds of his province, and then (witli Gods
blessing) to overcome & to take, & being taken by right of warre to slay,
or according to his pleasure to preserve, & all & every thing which doe
appertaine to the right & office of a Captaine Generall or have been used
to appertaine to be done & by these presents doe give full & free power
as any Captaine Generall ever had.

Will will also & l)y this our charter doe give power, liberty and
Authority to the foresayd S"" Robert Heath Knight his heires & assignes
that in case of Rebellion sudden tumult or sedition, if any such shall
chance to be which (God forbid) either upon the land within the Prov-
ince aforesayd, or upon the wide Ocean, either makeing a journey
towards Carolana aforesayd or returning from thence, w^e by these pres-
ents for us our heires & successors doe give & grant power and author-
itye most ample to himself or by Captaines Deputyes or other their offi-
cers authorised to this purpose under their scales, against all authors of
innovations, seditions against the Government of him or them, with-
drawing themselves speakers evill of the melitia, renegadors, deserters

or any others whatsoever offending against the matter manner &

discipline military shall by them be punished by law militarye soe freely
and in such ample manner & forme as any Captaine Generall by the vei--
tue of his office may or could doe.

Furthermore least the way to Honours & Dignityes may seem to be
shutt & altogether barr'd up to men honestly borne, & are willing to
undertake this present expedition & are desirous in soe remote and far
distant a Region to deserve well of us & of our kingdomes in peace &
warre for that doe for (jurselves our heii-es & successors give full & free
power to the foresayd S'" Robert Heath Knight his heires & assignes to
confcre favoui-s graces & honours upon those well deserveing citizens that
inhabit within the foresayd province & the same with whatever Titles &
dignityes (provided they be not the same as are now used in England) to
adorne at his pleasure alsoe to erect villages into Borowes & Borowes into
Cittyes for the meritts of the inhabitants and conveniency of the places
with priviledges & befitting immunityes to be erected & incorporated, &
to doe all other & singular upon the premises ^vhich shall seem most con-
venient to him or them, although they be such which of their owne
natures doe require mandates or warrant more especiall then is expressed
in these presents And because the beginnings of Colonys & all publicke
goods & aflfavres doe want to labour under divers inconveniences & diffi-
cultyes, therefore wee favouring the beginning of this present Colonye,
& that those that are molested in one thing may be releived in another

12 COLONIAL RECORDS.

providing by our kingly care, out of our espetiall grace, certaine knowl-
edge & moor motion, by this our chailer do give and grant licence to the
foresayd S"" Robert Heath his heires & assignes & to all the Dwellers &
inhabits of Carolana aforesayd whatsoever both present & to come: That
whatsoever wares and merchandises out of the growth & increase of the
sayd Province by land or sea, freely to bring by himselfe or his factors
or assignes into whatever port^ of us, our heires & successors of our king-
domes of England or Ireland & them to unlade and otherwise thereof to
dispose, or if need be continually to keep for a whole yeare the sayd mer-
chandises from being unladed, or them againe into the same or other
shippes to lade, & to export them into what Regions soever they please
whither ours or others strangers. Alwaies provided that soe many &
such Customes impositions subsidyes & Toles & other dutyes which they
are bound to pay to us, our heires and successors & onely such & the like
as our other subjects for the time beeing are bound to pay, beyond what
& which by noe meanes we will that the inhabitants of the aforesayd
Carolana be molested or greived.

And furthermore of our more ample & espetial favour & out of oui'
certaine knowledge & meer motion we for ourselves our heires & succes-
sors doe grant to the foresayd S'' Robert Heath Knight his Heires & As-
signes full & absolute power and authority of makeing erecting & con-
stituting within the foresayd province of Carolana & the Isles aforesayd
soe many or such sea-ports stations of shippes creeks & other places of
ladeing for shipjjes boats & other vessells & in soe many & in such like
places & with such rights jurisdictions libertyes & priveledges belonging
to the like ports as to him or them shall seeme most expedient & that all
& singular shippes boates & other vessells whatsoever, for whatever cause
of merchandising comeing to or goeing from the sayd Province shall be
laded & unladed only at such ports as shall be erected & appointed soe
bv the savd 8'' Robert Heath his Heires or assignes any use or custome
or anv other thing notwithstanding. Alwaies saveing & reserveing to
all our subjects of our Kingdom of England our Heires & successors
libertv of fishing as well in the sea as in the creeks of the foresayd Prov-
ince & priveledge to salt harden & drye fishes upon the shores of the
said province; as it hath been reasonably used & enjoyed heretofore
anything in these presents to the contrary notwithstanding. All which
libertves & priveledges the subjects of us our heires & successors as is
afores'' shall enjoy yet without doeing any notable hurt or injurye in any
way to the afores'' S'' Robert Heath his heires & assignes or to the Dwell-
ers or inhabitants on the ports, creeks & shores aforesayd of the same
Province; & more especiall in their Trees there growing; And if any

COLONIAL RECORDS. 13

one committe any .such liarme or injurey lie shall nndergoe the peril &
danger of the highest displeasure of us our heires & successors & the due
chastisem' of the Law. And if by chance hereafter some doubts & ques-
tions may be framed about the true sence & meaning of any word clause
or sentence contain'd in this our present charter ^ve will, enjoyne & com-
aTid that alwaies & in all things that iuterjjretation be used & shall be
received in all our Courtes which shall be judged more benigne profitable
& favourable to the foresayd S' Robert Heath Knight his Heires &
assignes & to the Dwellers & inhabitants of the foresayd Province, pro-
vided alwaies that noe interpretation be made by which the religion of
the holy God & true christian, or the Allegiance due to us our heires &
successors may suffer in the least any lessening prejudice or losse. \ev-
erthelesse we will & our trust in the aforesayd S"" Robert Heath Knight
his heires & assignes is & the aforesaid S'' Robert Heath Knight for him-
selfe, his heires executors & assignes doth agree & grant to & with us our
heires & successors that the sayd S' Robert Heath Knight his heires &
assignes in the Province & foresayd Isles to be planted & inhabited shall
soe behave themselves in all things as we by our instructions and direc-
tions signed with our Royall hand as aforesaid most espetially to instruct
& direct them, shall thinke most convenient and necessary for our honour
& service.

Neverthelesse alwaies provided that it shall happen the River or Riv-
elett or Isles aforesayd or other the premises or any part or parcell of the
same to be now granted to any person or persons by us or by our deare
father King James, or is now actually possessed or inhabited by any of
our subjects or by the subjects of any other Christain Prince or State,
that then those our letters patents & all in them conteined, soe farre as the
conteine soe much of the premises soe granted, and are now s(j actually
possessed & inhabited as is aforesayd shall be void & of noe effect. These
our letters patents or an\i;hing in them conteined to the contrary in any
wise notwithstanding And that expresse mention &c: In witnesse
whereof &c: Witnesse the King at Westminster the thirtveth dav of
Oct : '^ V" de privato sigillo And we have thcjught fit by these presents
to exemplifye the Tenour and inroUment of (jur foresavd letters patents, at
the request of the foresayd S'' Robert Heath Knight.

In Testimony whereof we have caused these our letters to be made
patents witnesse our selfe at Caubury the fourth dav of August in the
seventh year of oiu- Reign.

Rob : Rich ]

Exam : bv us { et V clerckes.

Jo : Mvchell

14 COLONIAL RECORDS.

1638.

[B. P. K. O. Virginia B. T. Vol. 8. D. 3.]

THE LORD MATRAVERS PATENT FOR THE COUNTY

OF NORFOLK &c. IN VIRGINIA

22d JANUARY 1637-8.

This Indenture made the two and twentieth of January Anno D"'
1637 and in the thirteenth yeare of the reigne of our Sovereign Lord
Charles by the grace of God King of England Scothmd France and Ire-
hmd Defender of the Faith &e. Between S"" John Harvey Knight Gov-
ernor for the time being of the Colony of Virginia with the consent of
the Council of State of the same of the one part and the Right Hon*''
Henry Lord IMatravers on the other part, Witnesseth, That whereas it
hath pleased the King's most excellent Ma"^ by his Royall Letters being-
date the eleventh day of Aprill in the thirteenth yeare of his Maj^ reigne
to authorize and command mee the said S"' John Harvey with the said
Council to assign and set out to the said Henry Lord Matravers and his
Hevrs lor ever a competent tract of land in the Southern part of tlie
( Jolony to bear the name of a County and be called the County of Nor-
folk upon such conditions for the time and manner of planting it as
shall be found requisite for the generall good of the Colony and with
such powers & priviledges as may be fit for a person of his quality
Reserving to his Majesty his heires and successors the yearly rent ol'
twenty shillings to be paid by the said Lord Matravers. and his heyres
for the said County Now Know Yee that I the said S"" John Harvey
Knight Governor and Captain General of Virginia with the consent of
the said Councill of State by virtue of His Ma" said Royall letters to mee
and the .said Councill directed And in consideration of the undertaking
of the said Henry Lord Matravers to transport at his own costs and
charges and to settle and plant divers inhabitants in the Colony for the
advancement and generall good of the Plantation Have granted allotted
assigned and confirmed unto the said Henry Lord Matravers and his
Heyrs forever a certain territory and tract of land situate lying and
being on the Southern side of .Tames River in a branch of the said Rivei'
being called and Known l)y tlic Indian name of Nan.simund river here-
after to be called Matraxcrs river towards the head of the said Nansa-
mum River als Matravers river Being bound from that part of Nansa-
mv.in river alias Matravers river where it divides itself into branches one
(leuree in Ijongitude on either side of the river and in latitude to the

COLONIAL RECORDS. 15

height of thirty five degrees iiorthorly liatitudc by the name aud appel-
lation of the County of Norfolk And further 1 the s"* S"^ John Harvey
with the consent of the s"* Council doe grant and agree to and with the
said Henry Lord Matravers and his heires that when he or they have
planted and peopled the above mentioned tract of land hereby to him
and his heires assigned and appointed That then it shall be lawfull for
him the said Henry Tiord Matravers tii make choice of and enter into and
have as much more land in Virginia as is herein contained with the same
and the like privileges to be had and chosen in such place and places
where no English shall be then settled or inhabited or have made choice
of and the same granted to them eyther by Patent or Order of Court
To have and to hold the above mentioned Tract of Land according to the
lymits and bounds thereof as also all and singular the Lands to be
chosen as aforesaid with their and every of their appurtenances with all
mynes as Avell Royall mynes of gold and silver as other mynes and min-
eralls woods fishings fowlings huntings waters rivers aud all other Profits
and Commodities and hereditaments whatsoever within the precincts of
the aforesaid Territory or Tract of Land or to the foresaid Lands to be
chosen unto the said Henry Lord Matravers and his heirs in as large and
ample manner as any Grants have heretofore been made to any other
Adventurers or Undertakers wdiatsoever either by the late Treasure!- &
Company at any time since To be held of our said Sovereign Lord the
King his Heirs and Successors as of his Mannor of East Greenwich in
free and common soccage by fealty aud not in Capite nor by Knight's
service Yielding and paying xuito our Sovereign Lor<l the King his
Heyres and successors for ever one fifth part of tlie said Oare of all the
Mines of gold and silver which shall be found within the lymits of the
said Tract of Lajid and County of Norfolk aud the Lands to be chosen
and taken up as aforesaid And likewise yielding & paying unto our said
Sovereign Lord the King his Heyres and Successors for the said Countv
of Norfolk the yearly rent of t^venty shillings at the Feast of St.
Michael the Archangell unto the hands of his Maj. Treasurer for
Virginia to beginn after the expiration of the first seven years after
the date hereof And further it shall lie lawfull to and for the said
Henry Lord Matravers or his Heyrs him or their Tenants and Servants
and such as he or they shall contract with and employ for the said Countv
to go and returne trade and traffick with the Natives or otherwise within
the lymits of the Colony. Also to import and transport their goods and
merchandises at their wall and pleasure paying only such duties to the
Kings Majesty his Hevrs & Successors as the late Treasurer and Companv
did or ought to have payd viz : Five Pound? '^ Centum for all imported

16 COLONIAL RECORDS.

gotxls and Five Pfnuids "-^ Centum for all exported goods without any
other taxes impositions burdens or restraints upon them to he imposed
otherwise than bv the Grant or Consent l)v Grand Assembly of the Gen-
eral Colony of Virginia and for the public necessary service tliereof
And it is further Granted and agreed that the persons so to be transported
shall not be taken away nor commanded eyther by the Governor for the
time being of Virginia or any other Authority therefrom the business
and emploiment of the said Henry Lord Matravers or his Heyi's and
others contracted with and employed as aforesaid ujion any pretence what-
soever (necessarv defence of the Country, preservation of the peace, sup-
pressing tumults arising within the Land and tryals in matters of justice
in Criminal cases of life and death or in civil case by appeale onely ex-
cepted) And I the said S'' John Harvey \\ith the consent of the Coun-
cill aforesaid doe further agree to and with the said Henry Lord Matra-
vers and his Heyrs that it shall be lawfull to and for the said Henry
Ijord Matravers or his Heyrs to make and ordaine such Officers & Com-
manders Also to name and to frame such Orders Ordinances and Con-
stitutions from time to time for the rule and government ordering &
directing of all persons to be transported & settled within the said County
So that the said Orders Ordinances & Constitutions be not repugnant to
the Laws of England or t<:) the particular I.iaws of the Colony or to such
Orders & Instructions as shall be from time to time directed from the
King's Majesty or from the Lords of his Most Hon'''' Privy Councill to
the Governor & Councill in Virginia (ordinary apjieals to th<' Court at
James T'itv held by the Governor & Council onely excepted) And the
said Hcnrv Lord Matravers for him and his heyrs doth Covenant and
promise to and with the said ( rovernor and Councill that he or they shall
and will within the time or tearme of seaven years from the date hereof
plant and secure with a sufficient strength of people the said (Jounty of
Norfolk herein by these presents granted. And further that the said
Henry Lord Matravers or his heyrs shall from time to time during the
said seaven yeares make or cause to be made a true Certificate to the Gov-
ernor and Councill in Virginia for the time being of every person trans-
ported and landed in Virginia or shipped for Virginia and dying before
arrival to be entered by his INIaj. Secretary in Virginia in the Court Rolls
kept at James City In witnesse whereof the said S' .John Harvey Knight
Governor have to the (uie part of these present Indentures sett his hand
and the Seale of the Colony and to the other part thereof the said Henry
Lord ^latravers Itath sett to his hand and seale

Rich: Kemp. JOHN HARVEY.

■ Secretary- ...

rOLOXTAT. TIECORDS. 17

1643.

[Hening's Virc4Inia Htatutks at Large— Makc:h, \M'S — Vol. 1, i'. 262.]

FFOK ut^ much as WaltiT Austin, liicc Hof, Joscpli Johnson and Wal-
ler Chiles foi' themselves and sneh otliers as they sh.all think titt to jovn
with them, did petition in the Assembly in June 1641 for leave and
encouragement to undertake the discovery of a new river or imknown
land bearing west southerly from Appomattakc river. Be it enacted and
confirmed that they and every of them and whom tliey admitt shall enjoy
and possess to them their heires, executors or administrators or assigns
all jirofitt whatsoever they in their particular adventure can make unt(»
tliemselves by such discovery aforesaid, for fourteen years after the date
of the said month January 1641, Provided there be reserved and paid
luito his majest^ use by them that shall be appointed to receive the .same,
the fifth part Royall Mines whatsoever. Provided also, that if they shall
think fitt to employ more than two or three men in the said discover}'
that thev shall then do it l>v conHnission from the Governour and Coun.sell

1653.

[Hening's Virginia Statute:? at Large — July, leioS — Voiy. 1, p. .380.]

VPON the petition of Roger Green, clarke, on the behalte of him.selfe,
and inhabitants of Nansemund river, It is ordered by this present Grand
Assembly than tenn thousand acres of land be granted unto one hinidred
such persons who shall first seate on Moratnek or Roanoke river and the
land lying upon the south side of Choan river and the branches thereof,
Provided that such .seaters settle advantageously for security, and be suf-
ficiently furnished with amunition and strength, and it is further ordered
by the authority aforesaid, That there be granted to the .said Roger Green,
the rights of one thousand acres of land and choice to take the same
where it shall .seem most convenient to him, next to those persons who
have had a former grant in reward of his charge, hazard and trouble of
first discoverie, and encouragement of others for seating those southern
parts of Virginia.

0

18 COLONIAL RECORDS.

1654.

[Thitkloe's State Papers, Vol. II, p. 273. Kkprinteu fkojM
Hawks's History of N. C]

LETTER FROM MR. FRANCIS YARDLEY TO JOHN
FARRAR, ESQ.

tSir: — ViKulNlA, JiiXNEHAVEN, Xtli May, 1654.

:^ ;|; :>: ;): :;; :;-: H^ ^; ;■; :ii ^ ^ :•; :iJ ^ ;^ ^

In September la.st, a young- man, a trader for beavers, being bound out
to the adjacent part.s to trade, by accident lii,s .sloop left him ; and he, sup-
posing she had been gone to Roanoke, hired a small boat, and, with one of
his company left with him, came to crave my licen.se to go to look aft«r
his sloop, and sought some relief of provisions of me; the which grant-
ing, he set forth with three more in company, one being of my family,
the others vvei'e my neighbors. They entered in at Caratoke, ten leagues
to the southward of Cape Henry, and so went to Rhoanoke Island ; where,
or near thereal)outs they found the great Commander of those parts with
his Indians a-hunting, who received them civilly, and showed them the
ruins of Sir Walter Raleigh's tort, from whence I received a sure token of
their being there. * * * * * *****=!= ********* *
Immediately I dispatched imuy a boat with six hands, one being a car-
penter, to build the King an English house, my promise, at his coming
first, being to comply in that matter. I sent £"200 .sterling in ti'u.st to
purchase and pay for what land they should like, the which in little time
they etfecttnl and purchased, and paid tor three great rivers, and also all
such others as they should like of, southerly ; and in .solemn manner took
possession of the country, in the name, and on the l)ehalf of the Common-
wealth of England; and actual possession was solemnly given to them
by tlie great Commander, and all the great men of the re.st of the prov-
inces, in delivering them a turf of the earth with an arrow .<hot into it;
and so the Indians totally left the lands and rivers to us, retiring to a
new habitation, where our people built the great Commander a tiiir house,
the which I am to furnish with English utensils and chattels.

Sir, if you think got)d to acquaint the States with what is done by two
^"irginians born, you will honor our country. I have at this instant no
present worthy your acceptance, but an arroAA- that came from the Indians

COLOiMAI. in^X'ORDS. 19

inhabiting on the .South Swi, tlic which we puriiosi', (iod willing, to see
this snnmuT, )iov obstante pericii/o.

I humbly take leave, and ever remain, Sir,

Vour true honorer and affectionate

Servant to be eommanded,

FRANCIS YARDLEY.
For the worshipful John Farrae, Est^.,
at his Manor of Little Gidding, in
Huntingdonshire.

1662.

[Reoords of Pkrquimans County, Book A, No. 374.]

Know All men bv these presents that I, Kileaeenen, King of Yeopim
have for a valeiable consideration of .-;atisfiiction receivetl with the con-
sent of my people sold, and made over and to ( Jcorge Durant a Parcel)
of land lying and being on Roneoke Sound and on a River called by tlie
name of Perquimans which. Issueth out of the North Side of the afore-
said Sound which Land at present beai's the name of Wecocomicke,
begining at a mai'kcd Oak Tree, which divides this land from the land
I formily sold to Saml Prickiove and extending westerly up the said
Sound to a Point or Turning of the aforesaid Penpiimans River and so
u}) the eastward side of the said River to a creek called l)v the name of
Awoseake, to-wit ; — All the Land betwixt the aforesaid Bounds of Sam-
uel Prickiove and the said Creek; thence to the Head tliereof And
thence through the \^^oods to the first Bounds.

To have and to hold the tpiiet possession of the same to him and his
heirs forever, with All Rights and Privi ledges thereunto forever from me
or any Person or Persons \vhatH)evcr. .Vs witness mv hand this hrst dav
of March 1661.—
Test : Tho. Weajioitii
Calrr Cat.t.f.wa y.

Tlie mark nC

t

KILCOCANEN
OR KISTOTANEX

20 COLONIAL RECORDS.

1663.

[Records of Perquimans County, Book A, No. 376.]

Whereas George Durant Hath Seated a Pkiiitation on Roanoke Sonnd
and on a point called by the name of Wicoeombe at, or between two
Rivers called by y' name of Perquinianis and Katoline and whereas I,
George C'atchming have obtained a grant of the Honerable Governor of
Virginia for the whole Neck betwixt the two Rivers y^ which grant was
a part Belonging to the said George Durant be it known tlierefore unto
all men by these Presents I the said George Catchmang do assign, make
over and deliver untci him the above named George Durant that Parcell
of land lying and being on y* same Neck, Begining at a small creek or
Branch which issueth out of Perquimans River which divideth this land
from the Neck called Langley's Neck extending down y'* said River
Sound to a small Piece of Ground where y' said Durant did begin to
clear but desisted. As also including y' same small piece of ground to
y" eastward of his Plantation thence Northerly into the \\'oods which
land I do engage myself my heirs, executors, administrators and assigns
to Pattyn y*^ said & to make over the same being Patyned to him his
heirs, exe<'Utors, administrators & assigns utterly disclaiming any right,
title ct interest I, the said Catchmang have to y" same although it may
be put into my Pattyn. I Witness wliereof I have hereunto set my

hand this l?,th dav of March 10fi2.

GEORGE CATCHMANY.
Witness :

John Jenkins
Edw.\rd Remington.

[Reprinted from Reviskd Stati'tes of North ('aroltna, Vol. II, Page 437.]

THE FIRST CHARTER GRANTED BY KING CHARLES

THE SECO.XI). TO THE LORDS PROPRIETORS

OF ( AHOLINA.

Charles the Second, by tlie grace of (xod, king of England, Scot-
land, France and Ireland, Defender of the Faith, &v., To all to mIioui
these present shall come: Greeting:

1st. M'hercas our right trusty, and right well beloved cousins and coun-
sellors, Edward Earl of Clarendtni, our liioli chancellor of England, and

COLONIAL KKdOKRS. 21

Georgt' Duke oi' AllK'nuirlc, master of our horse and eaptain general of
all our forces, our right trusty and well heloved William Lord Craven,
.John Lord Berkley, our right trusty and well heloved counsellor,
Anthony Tjord Ashley, chancellor of our cxcliequer, Sir George Carteret,
knight and haronet, vie<' chamberlain of t)ur household, and our trusty
and well beloved Sir \\'illiani Berkley, knight, and Sir John Colleton,
knight and baronet, being excited with a laudable and pious zeal for the
propagation of the Christian faith, and the enlargement of our empire
and dominions, have humbly besought leave of us, by their inditstry and
charge, to transport and make an ample colony of our subjects, natives
of our kingdom of P]ngland, and elsewhere within our dominions, unto a
certain country hereafter described, in the parts of Amerit-a not yet cul-
tivated or planted, and only inhabited by some barbarous people mIio
have no knowledge of Almighty God.

2d. And whereas the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Cra^'en, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle-
ton, have humbly besought us to give, grant and confirm unt(_) them and
their heirs, the said country, with priviledges and jurisdictions requisite
for the good government and safety thereof: Know ye, therefore, that
we, favouring the pious and noble purpose of the said Edward Earl of
Clarendon, (ieorge Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, of our special grace, certain knowledge
and meer motion, have given, granted and confirmed, and by tin's oiu-
present charter, for us, our heirs and successors, do give, grant and con-
firm to the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash-
ley, Sir George Carteret, Sir William Berkley, and Sii- John Colleton,
their heirs and assigns, all that territory or tract of ground, scituate,
lying and being within our dominions of America, extending from the
north end of the island caUcd I^nckc island, which lieth in the southern
ATrginia seas, and within six and thirty degrees of the northern latitude,
and to the west as far as the south seas, and so southerly as far as the rivei'
St Matthias, which bordereth upon the coast of Florida, and within one
and thirty degrees of northern latitude, and so west in a direct line as
far as the south seas aforesaid; together witii all and singular ])orts, har-
bours, l)ays, rivers, isles and islets belonging to the country aforesaid ;
and also all the soil, lands, fields, woods, mountains, fields, lakes, rivers,
bavs and islets, scituate or beino' within tiie Ixiunds or limits aforesaid,

24 COLOKrAL RECORDS.

ity of the uffciicc roijiiirus it, by taking awjiy lucmlx'V anil lito, (.ither by
them, the said E^dward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Cai-teret, Sir William Berkley and Sir John Colleton, and their
heirs, or by them or their dej>nties, lieutenants, judges, justices, magis-
trates, offieers and members to be ordained or appointed aceordiug to the
tenor and true intention of these presents; and likewise to appoint and
establish any judges or justices, magistrates or officers whatsoever, within
the said province, at sea or laud, in such manner and form as unto the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton and their heirs
shall seem most convenient ; also, to remit, release, pardon and abolish
(whether before judgment or after) all crimes and oifences whatsoever,
against the said laws, and to do all antl e\ery other thing and things,
which unto the compleat establishment of justice unto courts, sessions,
and forms of judicature and manners (tf proceedings therein do belong,
although in these presents express mention be not made thereof; and by
judges and by him or them delegated, to a\vard process, hold pleas, and
determine in all the said courts, and places of judicature, all actions, suits
and causes whatsoever, as well criminal or civil, real, mixt, personal, or
of any other kind or nature whatsoever; M'hich laws, so as afoi'esaid
to be published, our pleasure* is, and we do require, enjoin and com-
mand, shall be absolute, firm and available in Jaw, and that all the liege
people of us, our heirs and successors, within the said province of Caro-
lina, do observe and keep the same inviolably in those parts, so far as
they concern them, under the pains antl penalties tliereiu expressed, or to
be expressed : Provkhd nevertheless, ihut the saiil laws be consonant to
reason, and as near as may be conveniently, agreeable to the laws and
customs of this our kingdom of England.

0th. And because such assemblies of freeholders canni>t be so con-
veniently called, as there may l)e occasion to rci[uire the saJiie, we do,
therefore, by these presents, give and grant unto tiie ^aid Edward Va\v\
of Clarendon, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir A\'illiain
Berkley, and Sir Jolui (olletou, tJieir heirs and assigns, i)y themselves
or their magistrates, in that l)ehalf hiwfnlly anthoi'izeti, fnll |)ower and
authority, from lime to time to make and ordain fit and wholesome
orders and ordinances, within the province aforesaid, to be kept and
obsei'ved as well tor the keeping of the peace, as for the better govern-

rOT.OXTAT. RECORDS. 25

inent of the j)foj)l(' tlioiv iihidin^', ;ui(l tn juiUlisli tlu' same to all towlimn
it may coiK't'rn ; wliicli oRliiiances, we do hy tiu'sc presents streightly
charge and command to l»e inviohihly observed within tlic said province,
under the penalties therein expressed, so as such ordinances he reason-
able, and not repugnant or contrary, but as near as may be, agreeable to
the laws and statutes of this our kingdom of England, and so as the
same ordinances do not extend to the binding, charging, or taking away
of the right or interest of any nerson or persons, in their freehold, goods
or chattels whatsoever.

7th. And to the end the said province may be the more happily
increased, by the multitude of people resorting thither, and may like-
wise be the more strongly defended from the incursions of salvages and
other enemies, pirates and robbers, theretbre Me, for us, our heirs and
successors, do give and gi'ant by these presents, poAver, license and liberty
unto all the liege people of us, our heirs and successors in our kingdom
of England or elsewhei'e, within any other our dominions, islands, col-
onies or plantations, (excepting those who shffll)eesper4ally4<;'^''5i<^<^6n,)
to transport themselves and families unto the said province, with con-
venient shipping and fitting provisions, and there to settle themselves,
dwell and inhabit, any law, statute, act, ordinance, or other thing to the
contrary in any wise notwithstanding. And we will also, and of our
more special grace, for us, our heirs and successors, do streightly enjoin,
ordain, constitute and command, that the said province of Carolina, shall
be of our allegiance, and that all and singular the subjects and liege
people of us, our heirs and successors, transported or to be transported
into the said province, and the children (jf them and of such as shall
descend from them, there born or hereafter to be born, be and shall be
denizous and lieges of us, our heirs and successors of this our kingdom
of England, and be in all things held, treated, and reputed as the liege
faithful people of us, our heirs and successors, born within this our said
kingdom, or any other of our dominions, and may inherit or otherwise
purchase and receive, take, hold, buy and possess any lauds, tenements or
hereditaments within the same places, and them may occupy, possess and
enjov, give, sell, aliene and bequeathe ; as likewise all liberties, fran-
chises and priviledges of this our kingdom of England, and of other our
dominions aforesaid, and may freely and quietly have, possess and enjoy,
as our liege people born within the same, without the least molestation,
vexation, trouble or grievance of us, our heirs and successors, any statute,
act, ordinance, or provision to the contrary notwithstanding.

24 COLOXTAL EECORDS.

ity ol the uli'eiu't' rcijiiircs it, hy takiiiu' away mciiilicr and life, either by
them, the said E^dward Earl of Clarendon, George Duke of Alljemarle,
William Lord Ci'aven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley and Sir John Colleton, and their
heirs, or by them or their deputies, lieuteniants, judges, jnstiees, magis-
trates, officers and members to be ordained or a[)])oint(^d accoi-ding to thi'
tenor and true intention of these presents; and likewise to a])pt)int and
establish any Judges or justices, magistrates or officers whatsoever, within
the said province, at sea or land, in such manner and form as unto the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Antliony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton and their heirs
shall seem UKjst t-onvenient ; also, to remit, releiise, pardon and abolish
(whether before judgment or after) all crimes and offences ^\•hatsoever,
against the said laws, and t(j do all and every other thing and things,
which unto the compleat establishment of justice unto courts, sessions,
and forms of judicature ami manners of ])roceedings therein do belong,
although in these presents express mention be not made thereof; and by
judges and by him or them delegated, to award j)rocess, hold pleas, and
determine in all the said courts, and places of judicature, all actions, suits
and causes whatsoever, as well criminal or civil, real, mixt, personal, or
(if an\" other kind or nature whatsoever ; Mhich kiA\s, so as atbresaid
to be published, our pleasun* is, and ^^c do require, enjoin and com-
mand, shall be absolute, iirm and available in law, and that all the liege
people of us, our heirs and successors, within the said province of Caro-
lina, (1(1 ol)serve and keep the same inviolably in those |)aits, so far as
thev concern them, under the pains antl jienalties therein expressed, or to
be expressed: Provifled nerertheleux, {\\i\X the said laws be consonant to
reason, and as neiu* as may lie conveniently, agreeable to the laws and
customs of this our kingdom of Engliuid.

6th. And because such assemblies of freeholders cannot be so con-
veniently called, as there may l)e occasion to re(|uire tlie same, we do,
therefore, bv these presents, give and grant unto the -aid Kdward Vaw]
of Claren(hin, ( ieorge Duke of All)en\arle, William Lord Craven, -lolni
Lord Bei'klev, Anthony Tiord Ashley, Sir George Carteret, Sir William
Berklev, and Sir John ( 'olletou, theii' heirs and a.-.signs, by themselves
ol' their magistrates, in that iiehalf lawfully antliorized, full power and
authoritv, from time to time lo make and ordain til and wholesome
orders and ordinances, within the province aforesaid, to be kept and
observed as well for the keeping of the peace, as for the better govern-

rOTvOXTAT. RECORPS. 25

ment of tlio }»t'()])U' t\u'\v nhidiiiii-, iiiid to |Hil)lisli the same to all towlioui
it may coiu'erii ; wliidi ordiiiaiices, we do hy tlicsc pi't'sents strei,i;:litly
charge and coimuaiid to he inviolably obsci-vt'd within the said province,
under the [)enalties therein expressed, so as such ordinances l)e reason-
able, and not repugnant or contrary, l)ut as near as inay be, agreeable to
the laws and statutes of this our kingdom of England, and so as the
same ordinances do not extend to the binding, charging, or taking away
of the right or interest of any person or ])ersons, in their freelxjld, goods
or chattels whatsoever.

7th. And to the end the said })rovince niuy be the more happily
increased, by the multitude of people resorting thither, and may like-
wise be the more strongly defended frou) the incursions of salvages and
other enemies, pirates and robbers, therefore we, tor us, our heirs and
successors, do give and grant by these jn-esents, power, license and liberty
unto all the liege people of us, our heirs and successors in our kingdom
of England or elsewhere, within tiny other our dominions, islands, col-
onies or plantations, (excepting those who shall be~espmally_Jt()r]3idden,)
to transport themselves and families unto the said province, \Aith con-
venient shipping and fitting provisions, and there to settle themselves,
dwell and inhabit, any law, statute, act, ordinance, or other thing to the
contrary in any wise notwithstanding. And we will also, and of our
more special grace, for us, our heirs and successors, do streightly enjoin,
ordain, constitute and command, that the said province of Carolina, shall
be of our allegiance, and that all and singular the subjects and liege
people of us, our heirs and success(jrs, transported or to be transported
into the said province, and the children of them and of such as shall
descend from them, there born or hereafter to be born, be and shall be
denizons and lieges of us, our heirs and successors of this our kingdom
of England, and be in all things held, treated, and reputed as the liege
faithful people of us, our heirs and successors, born within this our said
kingdom, or any other of our dominions, and may inherit or otherwise
purchase and receive, take, hold, buy and possess any lands, tenements or
hereditaments within the same places, and them may occupy, possess and
enjoy, give, sell, aliene and Ijeqneathe ; as likcM'ise all liberties, fran-
chises and priviledges of this our kingdom of England, and of other our
dominions aforesaid, and may freely and quietly have, possess and enjoy,
as our liege people born within the same, without the least molestation,
vexation, trouble or grievance of us, onr heirs and successors, any statute,
act, ordinance, or provision to the contrary notwithstanding.

26 COLOXIAL RECORDS.

8th. And rurtht'nuore, that our i^uhjccts of thi;^ our said kingdom of
England, and other our dominions, may be the ratlier encouraged to
undertake this expedition witli ready and chearful minds, know ye, that
we of our special grace, certain knowledge, and meer motion, do give
and grant by virtue of these presents, as Avell to the said Edward Earl of
Clarendon, George Duke of Albemai'le, William I^ord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, and their heirs, as unto all others as
shall from time to time repair unto the said province, \v\t\\ a jiurposc to
inhabit there, or to trade with the natives of the said pr(.)vince, full lil)-
erty and license to lade and freight in any poi't whatsoever, of us, our
heirs and successors, and into the said province (jf Carolina, by them,
their servants or assigns, to transport all and singular their goods, wares
and merchandises, as likewise all sorts of grain whatsoever, and any other
things whatsoever, necessary for the food and clothing, not prohibited by
the laws and statutes of our kingdoms and* dominions, to be carried out
of the same, without any let or molestation of us, our heirs and succes-
sors, or of any other of our officers, or ministers whatsoever, saving also
to us, our heirs and successors, the customs and other duties and pay-
ments, due for the said wares and merchandises, according to the several
rates of the places from whence the same shall be transported. We will
also, and by these presents, for us, our heirs and successors, do give and
grant license by this our charter, inito the said Edward Earl of Claren-
don, George Duke ofWlbemarle, William Lord Craven, John Lord Berk-
ley, Anthony Lord Ashley, Sir George Carteret, Sir ^A'illiam Berkley,
and Sir John Colleton, their heirs and assigns, and to all the inhabitants
and dwellers in the province aforesaid, both present and to come, full
power and absolute authority to import or unlade by themselves or their
servants, factors or assigns, all merchaiKhses and goods whatsoever, that
shall arise of the fruits and connuodities of the said province, either by
land or by sea, into any of the ports of us, our heirs and successors, in our
kingdom of England, Scotland or L'eland, or otherwise to dispose of the
said goods, in the said ports; and if need be, within one year next attei-
the unlading, to lade the said merchandises and goods again into the same
or other ships, and to export the same into any other coinitries either of
our dominions, or foreign, being in amity with us, our heirs and succes-
sors, so as they pay such customs, subsidies, and other duties for the same,
to us, our heirs and successors, as the rest of our subje(>ts of this our king-
dom, for the time being, shall be bound to pay, beyond which we will
not, that the inhabitants of the said |)rovince of ('ai'olina. shall he any
ways charged.

COLONIAL RECORDS. 27

9th. I'lvcidcd iicrcrfhr/cxx, imd oui' will and pleasure is, and we have
further for the consideration aforesaid, of our more esj)eeial grace, certain
knowledge and lueer motion, given and granted, and hv these presents,
for us our heirs and successors, do give and grant unto the said Edward
Earl of Clai-endon, George Duke of Alhemarle, William Lord Craven,
John Lord Bi'rklcy, Anthony Lord Ashley, Sir (xcoi-ge Carteret, Sir
William Berkley and Sir John Colleton, their heirs and assigns, full and
free license, liberty and authority, at any time or times, from and after
the feast of St Michael the archangel, which shall be in the year of our
Lord Christ, one thousand six hundred sixty and seven, as well to import,
and bring into any of our dominions from the said province of Carolina,
or any part thereof, the sevei-al goods and commodities, hereinafter men-
tioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds,
oyl and olives, without paying or answering to us, our heirs or successors,
any custom, import, or other duty, for and in respect thereof, for and
during the term and space of seven years, to commence and be accompted,
from and after the first importation of four tons of any the said goods,
in any one bottom, ship or vessel from the said province, into any of our
dominions, as also to export and carry out of any of our dominions, into
the said province of Carolina, custom free, all sorts of tools which shall
be uscfull or necessary for the planters there, in the acconnnodation and
improvement of the ])i'cniises, :uiy thing before, in these presents con-
tained, or any law, act, statute, prohibition or otiier matter, or anv thing
heretofore had, made, enacted or provided, or hereafter to l)e had, niade,^
enacted or pi-ovided, to the contrary, in any wise notwithstanding.

10th. And furtlierinore, of our own ample and especial grace, certain
knowledge and meer motion, we do for us, our heirs and successors, grant
unto the said Edward Eai-1 of Clarendon, George Duke of Albemarle,
^^^illiam Tvord Craven, John Lord Bei'kley, Anthony Jjord Ashley, Sir
George Carteret, Sir AVilliam Berkley and Sir John Colleton, their heii's
and assigns, full and absolute power and authority, to make, erect and
constitute, within the said j)rovince of Carolina, and the isles and islets
aforesaid, such and so many seaports, harbours, creeks and other jtlaces,
for discharge and unlading of goods and merchandises, out of sliips, boats
and otlier vessels, and for lading of them, in such and so mauv places,
and with such jurisdiction, priviledges and franchises unto the said ports
l)eionging, as to them shall seem most expedient, and that all and singu-
lar the ships, boats and other vessels, which shall come for merchandises
and trade into the said ]n-ovince, or shall depart out of the same, shall be
laden and unladen at such ports onlv, as shall be er(^cted and constituted

28 C'OLONIAI. RECORDS.

by the said Edward Earl of Clarendon, George Dnke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, and not elsewhere, any use, custom or any other thing to the
contrary, in any wise notwithstanding.

11th. And wc do furthermore will, appoint and ordain, and by these
presents for us, our heirs and successors, do grant unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley and Sir John Colleton, their heirs and assigns, that
they the said Edwai'd Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir A\'illiam Berkley and Sir John Colleton, their heirs
and assigns, may from time to time forever, have and enjoy, the customs
and subsidies in the ports, harbours, creeks and other places within the
province aforesaid, payable for goods, merchandise and wares, there laded
or to be laded, oi' unladed, the said customs to be reasonably assessed,
upon any occasion, l)y themselves, and by and with the consent of the
free people there, or the greater part of them as aforesaid; to \\'hom we
give p(nver l>v these jDrcscnts, for us, our lieirs and successors, upon just
cause and in a due proportion, to assess and impose the same.

12th. And further, of our special grace, certain knowledge, and meer
motion, we have given, granted and confirmed, and by these presents, for
us, our heirs and successors, do give, grant and confirm unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William Ijord
Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, their heirs and assigns, full
and absolute license, power and authority, that the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven, John
Lord Berklev, Anthony Lonl Ashley, Sir (jeorge Carteret, Sir William
Berklev, Sir John Colleton, their lieirs and assigns, from time to time,
hereafter, fi)rcver, at his and their will and pleasure, may assign, alien,
grant, demise, or enfeof the premises, or any part or parcels thereof, to
him or them that shall be willing to purchase the same, and to such per-
son or persons as they shall think fit, to have and to hold, to them the
said person or persons, thcii" heirs or assigns, in fee simple or fee tayle;
or for tei-m for life, or lives, or years, to be held of them, the said Ed-
ward Earl of Clarendon, George Duke of Albemarle, William Ivord
Craven, John Lt)rd Berkley, Anthony Lord Ashley, Sir George Carteret,
Sir William Berklev and Sir John CV)lleton, their heirs and assigns, by

COLONIAL IIKCORDfS.

such rents, si-rvii-fs aixl customs, as shall seem meet to the said Edward
Earl of Clareiuloii, (rcorov DiiUc oi" Albemarle, William Lord Craven,
John Lord Berkli'v, Anthony Lord Ashley, Sir Georo'e ( "arteret, Sir
William Berkley, and Sir dohn Colleton, their heirs and assi<rns, and
not iiiunediately of us, our heirs antl suecesscn's, and to the same person
and persons, and to all and every of them, we do give and grant by these
presents, for us our heirs and suceessors, license, authority and power,
that such person or persons, may hiwe or take the premises, or any par-
eel thereof^ of the said Edward ICarl oi' Clarendon, George Duke of
Albemarle, William Lord Craven, John T^ord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir AVilliara Berkley and Sir John Colleton,
their heirs and assigns, and the same to hold, to themselves, their heirs
or assigns, in what estate of inheritance whatsoever, in fee simple, or fee
tayle, or otherwise, as to them and the said Edward Earl of Clarendon,
George Duke of Albemarle, ^A'illiam I^ord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and
Sir John Colleton, their heirs and assigns, shall seem expedient ; the
statute made in the parliament of Edward, son of King Henry, hereto-
fore king of England, our predecessor, c(jmm<jnly called the statute* of
^'quia emptorex terra rum;''' or any other statute, act, ordinance, use, law,
custom or any other matter, cause or thing heretofore |)ublislied, or pro-
vided to the contrary, in any wise notwithstanding.

13th. And because many pers(ms born, or iidiabiting in the said pro-
vince for their deserts and services, may expect and l)e capable of marks
of honor and favor, which, in respect of the great distance, cannot be
conveniently conferred by us ; our will and pleasure therefore is, and we
do by these presents, give and grant unto the said Edward f^arl of Cla-
rendon, George Duke of Albemarle, ^Villiam Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berk-
ley, and Sir John Colleton, their heirs and assigns, full power and
auth(^rity, to give and confer, unto and upon, such of the inhal)itants of
the said province, as they shall think do or shall merit the same, such
marks of favour and titles of honour as they shall think fit, so as these
titles of honour l)e not the same as arc enjoyed l)y,or cnnferred npon any
the subjects of this our kingdom of England.

14th. And further also, we do by these presents, for us, our heirs and
successors, give and grant license to them, the said Edward Earl of Cla-
rendon, (tcorge Duke of Albemarle, William liord Craven, John Lord
Berkley, Anthony T^ord Ashley, Sir George Carteret, Sir William Berk-

*18 Ed. 1. West, a c. 1 p. 45.

:iO COLONIAL KECORDS.

lev, and Sir John Colleton, tlieii- heirs and iissitiiis, full power, liberty
and lieense to erect, raise and build within the said province and places
aforesaid, or any part or parts thereof, such and so many forts, fortresses,
castles, cities, buronglis, towns, villao'es and other fortifications whatsoever,
and the same or any of them to fortify and furnish with ordinance, pow-
der, shot, armory, and all other weapons, ammunition, habilements of
war, both offensive and defensive, as shall be thought fit and convenient
for the safety and welfare of the said province and places, or any part
thereof, and the same, or any of them from time to time, as occasion shall
require, to dismantle, disfurnish, demolish and pull down, and also to
j)lace, constitute and appoint in and over all or any of the castles, forts,
fortifications, cities, towns and places aforesaid, governors, deputy gover-
nors, magistrates, sheriffs and other officers, civil and military, as to them
shall seem meet, and to the said cities, buroughs, towns, villages, or any
other place or places witliin the said province, to grant "letters or char-
ters of incorporation," with all liberties, franchises and jti'iviledges, requi-
site and usefull, or to or within any corporations, within tliis our king-
dom of England, granted or belonging; and in the same cities, buroughs,
towns, and other places, to constitute, erect and appoint such and so many
markets, marts and fairs, as shall in that behalf be thought fit and neces-
sary; and further also to erect and make in tlie province aforesaid, or
anv part tiiereof, so manv inannors as to them shall seem meet and con-
venient, and in every oi' the said mannors to have and to hold a court
baron, with all things whatsoever wliicli to a court baron do belong, and
to have and to hold views of "frank pledge" and "court leet," for the
t'onservation of tiie peace and JH-tter government of those parts, within
such limits, jurisdictions and precincts, as by the said Edward Earl of
Clarendon, George Duke of Albemarle, William Loi-d Craven, John
Ijord Berkley, Anthony Lord Ashley, Sii- George Carteret, Sir William
lierklev, and Sir ,lohn Colleton, or their heirs, shall be appointed forthat
})urj)ose, with all things whatsoever, whicli to a coui't leet, or view of
f'laidc pledge do l)el(mg, the said court to be holden l)y stt-wards, to be
(leputtHl and authorized by the said Edward Earl of Clarendon, dleorge
Duke of Albemarle, William Lord Craven, John Lord Berkley, An-
tliony Ijord Ashley, Sir (ieorge Carteret, Sir William Berkley, and Sii'
John Colleton, or their heirs, or by the lords of other mamiors and leets,
for the time being, when tlie same shall be erected.

loth. And because that in so remote a country, and scituate among so
many barbarous nations, and the invasions as well of salvages as of other
enemies, ]Mrates and robbers, may probably be feared; therefore Ave have

COLONIAL RECORDS. 31

given, and lor us, our lu'irs and succosors, do jiivc jtowcr, l)v these pres-
ents, unto the said Edward, Earl of ( 'larcudou, (Jcorge Duke of Albe-
marle, William Lord Craven, -loliu Lord Berkley, Anthony Txtrd Ash-
ley, Sir George Carteret, Sir M'illiani Merkhy, and Sir .John Colleton,
their heirs and assigns, by themselves, or their captains, or other their
officers, to levy, muster and train all sorts of men, of what condition or
wheresoevei' born, in the said province for the time being, arid to make
war and pursue the enemies aforesaid, as well by sea as by land, yea, even
without the limits of the said province, and by (lod's assistance to van-
(juish and take them, and being taken to put them to death by the law
of war, or to save them at their [)leasure; and to do all and every other
thing, which unto the charge of a captain general of an army belongeth,
or hath accustomed to belong, as fully and freely as any captain general
of an army hath or ever had the same.

16th. Also our will and pleasure is, and by this our charter we give
uuto the said- Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berklc}-, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and assigns, full power, liberty and authorit}', in case of rebellion, tumult
or sedition, (if any should happen,) which God forbid, either upon the
land within the province aforesaid, or upon the main sea, in making a
voyage thither, or returning from thence, by him or themselves, their
captains, deputies and officers, to be authorized under his or their seals
for that purpose, to whom also, for us, our heirs and successors, \ve do
give and grant In- these presents, full power and authority, to exercise
martial law against mutinous and seditious persons of those parts, such
as shall refuse to snbmit themseh'es to their government, or shall refuse
to serve in the wars, or shall Hy to the enemy, or forsake their colours or
ensigns, or l)e hjytcrers or straglers, or otherwise howsoever offending
against law , custom or disci])liue military, as freely and in as ample man-
ner anil form as any captain general of an army by vertue of his office,
might or hath accustomed to use the same.

17th. .Vnd our further plcasiu'c is, and l>y these presents, tlir us, our
iieirs and successors, we do gnmt unto the said PMward JCarl of Claren-
ilon, George Didvc of Alliemarle, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir (ieorge Carteret, Sir M'illiam Berk-
ley, and Sir John Colleton, their heirs and assigns, and to all the tenants
and inhabitants of the said })rovince of Carolina, both present and to
come, and to every of them, that the said province and the tenants and
inhabitant- thereof, shall not fi-oni henceforth lie held or reputed a mem-

COLONIAL RECORDS.

ber or part nl" aJiv culnny w Iwitsorvi'i- in Ainciica, ov elsewhere, now
transported or made, or hereafter to l»e trans] xirted or made; nor shall be
(le[)endinii' on, or subjeet to their government in any thing, but be abso-
Intely seperated and divided from the same; and onr pleasnre is, by these
presents, that they be seperated, and that they be snbjeet immediately U>
onr erown of England, as depending thereof forever; and that the
inhabitants of the said Provinee, nor any of them, shall at any time
hereaftei- be compelled or eompellable, or be any ways snbjeet or liable
to appear or answer to any matter, snit, eanse or ])laint whatsoever, out
of the Provinee aforesaid, in any other of our islands, eolonies or domin-
ions in America, or elsewhere, other than in our realiu of England, and
dominion of NA ales.

18th. And because it may liap})en that some of the people and inhab-
itants of the said provinee, cannot in their private opinions, conform to
the publick exercise of religion, according to the liturgy, form and cere-
monies of the church oi' England, or take and subscribe the oaths and
articles, made and established in that l)ehalf, and for that the same, by
reason of the remote distances of these jjlaces, will, we hope be no breach
of the unity and uniformity established in this nation, our will and
pleasure therefore is, and we do by these presents, for us, our heirs and
successors, give and grant unto the said Edward Earl of Clarendon,
(ieorge Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir (xeorge ('arteret, Sii- William Berkley, and
Sir John Colleton, their lieirs and assigns, full and free license, liberty
and authority, by such legal ways and means as they shall think lit, to
give and grant unto such ])erson or jiersous, inhabiting and being within
the said provinee, or any part tiiereof, who really in their judgments, aud
.for conscience sake, cannot or shall not conform to the said liturgy and
ceremonies, and take and sulist'ribe tiie oaths and articles aforesaid, or
any of them, such indnlgencies and dis[)ensations in that behalf, for and
during such tinu' and times, and with such limitations and restrictions as
tliey, the said P^dward Karl of ( 'larendon, George Duke of .Vlbemarle,
NVilliani Lord Cra\en, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir .Joim Colleton, their heirs
or assigns, sliall in their iliscretion think tit and reasonalJe; and with
this ex|)ress ])roviso, an<l limitation also, that such person and persons,
to wlioni sneii indnlgencies and disjtensations shall be granted as afore-
said, do and shall from time to time declare aud continue, all fidelity,
loyalty and obedience to us. our lieirs and successors, and be subject and
otiedient to all other the hnvs. ordinances, and eonstitntions of tlie said

rOLOMAL HECOKl)^ 33

[n'ovincp, in all iiiatttTs whatsoever, a.^ \v<ll eeelp.siastieal as civil, and rln
not in any wise distnrl) the peace and >ate(y thereof, or scandalize or
reproach the said litnr^v, t'ornis and cerenionics, or anythinij relating-
iherennto, or any person or ]>ersons w hatsocvei', t'oi- or in res|)ec( of" his
or their use or exercise thereof, or his or their obedience and conforinitv,
thereunto.

HHli. And in case it shall liappeu, ihnt an\ donl)rs(jr (piestions should
ari.se, eonceruinji' the true sense and nndcrstandino of anv word, clause or
sentence contained in this our j)re8ent (diarter, we will, ordain and com-
inand, that at all times, and in all things, such interpretation be made
thereof, and allowed in all and every of onr courts whatsoever, as law-
fully may be adjudged most advantageon> and favourable to the said
Edward Earl of Clarendon, George Duke of .\lbeinarle, William Lord
Craven, John Lord Berkley, .Vuthoiiy Lord Ashley, Sir George Car-
teret, Sir William Berkley, and Sir John ('olleton, their heirs ajid
assigns, although express mention be not made in tJK'se presents, of the
true yearly value and certainty of the premises, or any jiart thereof, or of
any other gitts and grants made by us, oui- aucrestors, or predecessors, to
them the said Edward Flarl of Clarendon, Geoi-ge Duke oi' Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashlev, Sir
George Carteret, Sir William Berkley, aiid Sir John Colleton, or anv
other person or persons whatsoever, or any statute, act, ordinance, pro-
vision, proclamation or i-estraint, heretofore iiad, made, jiublished,
ordained or provided, or any other thing, cause (>r matter, whatsoevt'r, U)
the contrary thereof, in any wise notwithstanding.

In Witness, etc.

Witness the King, at Westminster, the four and twentieth dav of
March, in the fifteenth year of our reign, (1663.)

PER IPSUM REGEM.

[B. I'. K. O. t;oLuNiAL Entry Bk. Vuj.. 20. f. 1.]

Sater-day May 23^'' 1663.
Present
The Lord Duke of Albemarle
My Lord Ci'aven
My Lord Berkeley
My Lord Ashley
M"^ Vice Chamberline
S' J no. Colleton
3

34 COLONIAL RECORDS.

Ordered

1. That ije|)revi-i(' be Iiigeneir tt Survcyo' tor ( 'iirruliiia

2. That he be allowed until some other way be found tor Ids 8vdisist-
ance twenty shillings weekly to be paid him by Sir .^no. Colleton.

■S. That Sir Jno. Colleton be paid troni each respective Propryator
2o£ to be by him disburst as lie shall I'eceave ord' from the Major parte
of the Pi'opryators

4. That there be reserved in every setlem' for y" Rropryators the quan-
tity of 20000 Acres in such place or places as they or there Agents shall
see titt to take up & that the same be bounded & leyed out for tJiem in
y* beginning of each Setlement

5. That in each Setlement the Court ho\vses & hovyses for publique
meetings be setled on the land & taken up & leyed out for the Proprya-
tors.

H. That mapps l)e printed of the Province an<l some declaration drawiic
to invyte the planters with the conditions before mentioned tt both
published.

[B. P. K. O. Colonial Papers. Vol. 17. No. 39.]

SIP .lOHN COLLETON TO DUKE OF .ALBEMARLE
10 JUNE 1668.

May it please your Crace,

There are divers people that desire to settle and plant in His Maj.
Provinc^e of Carolina under the patent granted to your Grace and others
l)ut that there is another like to that Province started by one M"" Mariot,
steward to the Duke of Norfolk grounded on a ]iatenl granted in the
\earc 1629 now above thiiiy fowre years to Sir Robert Heath and by him
assigned to the Ancestors .of the now Didvc of Norfolk w°'" patent relates
to certaine Articles to bee pertbrmed on the ])art of Sir Robert Heath,
the patent i.s recorded but the Articles apjieere not in the records but the
said ^P Mariot (who lives in Chancery Lane at tlii' next door to the
Harrowe) pretends he has the patent and articles which being in force
and not declined oi' made voidc will certainely liindei- that publique
workc which is intended by the settlement and planting of Carolina, for
the persons that at present designe thither expect liberty of conscience
and without that will not goe, \v°^ by the patent to S'' Robert Heath can-
not bee granted them and they cannot settle under the patent least the

COLONIAL RECORDS.

other geiitleuien shall jjive them trouhle or (listurlmiice So that there is
a neeessitv of the |)]'esent reinovall of that obstacle which is hmiihlie left
to the eonsideraoon of yo'' (xrace and the other noble persons concernM
Y(/ Grace's most hnmblc sei'\-ant

J NO. COl.LE'lON.
Cockpitt 10 Junii KiC,;',.

^ [B. P. K. O. Colonial Paper.s. Vol. 17. No. 39. 1.]

STATE OF THE CASE OF THE-DUKE OF NORFOLK'S

PRETENSIONS TO CAROLINA. [INCLOSED IN

SIR JOHN COLLETON'S LETTER OF

10 JUNE 1663.]

The IS"" of 8"" in y" o"" year of King Charles the First was uranted
to Sir Robert Heath the reagion or Province of Carrolina leying within
the latitude of 31 and 36 inclusive upon the condition \' v' said S"' Rob-
ert Heath or his assignes plant y'* s"* Province accoixling U> such Articles
or Instructions as his then Majesty had given him under his sign Man-
uell & privie Signett signed by his Secretary of State bearing date with
the grant afores'^

AP Samuell Vassell had as he preten<ls an Assigneni' b'om S' Kubt.
Heath for a tearme not yet expyred for y'" lattitude of 31, 32, & 33 <t
y' heires of S'' Richard Creeuefeihl for y" remavneing part being 34, .">.")
& 36 who say they never heard of any ])retence liy M' Howard or an\'
of his Ancesters untill within these three monthes neither hath jVP' How-
ard shewn any pattent or grant for y' same but })retends bv di.sconrse
abi'oad y' y'' pattent to S"" Robert Heatli was taken in trust by .s"" Heath
for some of his Ancestors.

M'" Howard shewes no right nor tiie Artickles or In.st met ions bv w'''
he was to plant although often sent for bv M' Attiirnev (ien" to Af"' Mer-
riott M'' Howardes Sollissiter.

Xeither hath S'' Robt. Heath. M' Howanl oi' any of ids .Vucestors
AP Rich Oreenefeild or AT'' Va.ssell or anv of their A.ssignes planted
any pai't of this Province there being about 3o vears past since v* grant

Severall persons have a desire to plant in v'' s'' Province under the pat-
tent granted by his now .Maj. to my liord High Chancellor, v' Duke of
Albemarle & others JMit refusing to plant under the pattent to Sir Kobt.
Heath & forbare to plant under the latter untill y' tii'st be made vovde

3« COLONIAL RECORDS.

least when they have planted they shall receave trouble by y^ first pattent
by meanes whereof the settlement of that hopefnll coUony \xilbe lost. It
is therefore to be humbly desired y' his Maj. wilbe graciously pleased by
an Act of Couucell to resume y" pattent to S" Robt. Heatii & all Grants
from it bec^ause they ha\-e not planted nor doe nut shew y" Artiekles or
Instructions menconcd in s'' pattent whereljy y" settlem' may goe forward
whylst many people have stmiige desii-es tn it \v°'' will otherwayse dye and
hardlv be revvved aaaine.

[Mass. Hist. Collections — Thibd Series — Vol. 1., p. 56. Reprinted from
Hawks's History of N. ('.]

LETTER FROM THE ENGLISH MEMBERS OE THE CAPE
FEAR COMPAXY TO THE LORDS PROPRIETORS.

From London. Auyu^sl. 16(53. At a Meeiiny of Adventurers aboiU Cape Fayre.

London, Thursday, Augu.st the (Jth, l(j6o.

At a meeting of .several persons, who have, with several others of New
England, subscribed themselves as adventurers for the carrying on a plan-
tation in Charles River on the coast of Florida.

1. Whereas a ])aper in the name of the right honorable the Earl of
C'larendon, lord high chancellor of P^ngland, George, duke of Albemarle,
and divers other right honorable persons, to whom the whole coast of
Florida hath lieeu lately granted by his most excellent majesty, hath been
sent down to the said atlventurers, referring to certain proposals tendere<l
to their said lordships, as the proper act and desires of the said adven-
tnrei's, and l)eing an answer to the said jn'opo.sals; the .said adventurers,
upon dilioent impiirv, not being able to find out who should be the au-
thor of tile said pajier, do judge it their duty, in all hundileness, to acquaint
their lordships that thev arc altogether strangei-s to it, and know nothing
of the delivery of it.

2. That u))on consideration, uevcrtht'less. of their lordsliips' said pa-
per, and of several concessions, privileges, and immunities therein freely
offered bv their lordshi]>s for the cncoiu-agcmcnt of the said adventurers,
and for tlic further promoting of the said plantation of Charles River,
the .said adventurers cannot but acknowledge the greatness of the favor

('OJA)NiAL RECORDS. 37

;iii(l (■ondesccnsioii of tlu'ir said l(>r(lslii))s to thciii, upon tlu' confidenci'
and assni'ancc of whicli tli('\- crave leave t'nitlier to represent to tlieir
lordships —

■"). Tiiat as they were invited at tirst to he suWseribers to tiie said plan-
tation oi' Charles River, by several perst)ns of New England, so the
oreat motive that did principally induce them to the said subscription was
the liquid and eleai' assurance that was g-iven them, that tlie said New
Englanders, had an eijuitable title to the liarbor ami soil of the said river,
together w'ith the lands adjacent ; and that though many others of quality
had long before indeed sailed upon the coast of Forida, and had set-
tled and taken possession of some other part of that large and vast
countiy, yet that the said New Englanders, and they only, \vere the first
that did ever, bona fide, set foot in that particular harbor, and that did
find out the entrance and discovery of the said river.

Which thing, as it hath been confidently represented from these of
New England unto tlie said adventurers here, so, upon the very ground
oi' that as a truth, as also of the general custom in that and other plan-
tations (as well Dutch and French as English), that all that buy lands
of the chief kings in those places (who only challenge to themselves the
having a right to the sale of them), shall enjoy the absolute benefit and
propeitv of them again.st all persons, Englisli or others ; the said New
Englanders having purchased the said river and soil, and lands adjacent,
of the said kings, did so far presume upon the interest of the said pur-
chase, together with the said di.scovery, as to gi\e directions to several of
their friends here immediately to a])]dy to his majesty for a patent foi-
the said river and soil, as belonging (according to their apj^rehension) of
riglit to them, and as no way doubting the obtaining thereof, as may a))-
pear by the copy of their said letter hither.

4. The said adventurers further humbly repi-esent. That as uj)on these
grounds, and thes'c only, they became invited to share in the adventures
of those in New England, and to east in at first a small sum for an as-
sistance or supply to the said undertaking ; so, forasmuch as the said ad-
venturers hei-e do act l)ut as a minor part of those other adventurei's there,
and as wholly intrusted also from those there, they find not themselves
(|Ualified or enabled to do any thing therefore here that may prejudice or
conclude the other ad\cnturer> there, in that A\hicli may l)e their just |)re-
tensiou or su])])nsition of a right, how weak or how much mistaken
soever the givuind of that right ma\' possiblx- appear, which they deter-
mine not.

38 COLONIAL RECORDS.

The said adventurers further hnnilily represent —

5. That there cannot he any easy encourajienient for the planting of
the lands of the said Charles River immediately from henoe, by reason
of the excessive and insupportable charge that would attend such an un-
deitaking of transporting and supplying all things necessary for tiie said
plantation, at so great and so extraordinary a distance ; that as the under-
taking, therefore, of the said plantation, and vigorous prosecution of it
with men, cattle, and all other provisions as shall be judged necessary for
the accomplishing and completing so great an engagement and action,
must rationally be begun in, and set foith from, some other of the plan-
tations abroad; so none is humbly conceived to be so lit to supply all
those necessaries in abundance at first, and to do it at so easy a rate, as
that of New England is.

But forasmuch as all the English living in the several colonies of New
England have ever held and enjoyed the benefits granted to other corpo-
rations, and have ever had, as well as some other plantations, full liberty
to choose their oavu governors among themselves, to make and confirm
laws with themselves, with immunity also wholly from all taxes, charges,
and impositions, whatsoever, nmre than what is laid upon themselves by
themselves ; it is therefore the humble opinion of the said adventurers, and
(as what thev fear) is humbly tendered to tlie considerations of their lord-
ships—

That the said sevei-al adventurers in New Euglaiid, who have some oi'
them considerable interests and estates there, how much soever they have
declared their willingness, ibrwardness, anil resolution to transport and
remove themselves and their respective families unto the said Charles
River, and to settle there, will nevertheless decline the said resolution
again; and will not, l)y any arguments that may l)e used by the said ad-
venturers here, be induced t(j unsettle themselves, and to run all the haz-
ards that must be considered in such doubtful undertakings; nor, if will-
ing, will be able to persuade othei-s to join with them there, if they shall
hear, or be acquainted beforehand, that no one of the said privileges be-
fore mentioned, and which have hitherto always l>een enjoyed by them,
are like to be allowed or preserved entire to them.

The said adventurers do further re]>resent, that at the present the un-
dertaking of the plantation of the said Charles River lieth under some
obloquy, that hath given a cluck to it; some that were sent from New
England thither, in ordei' to tiie carrying on the said settlement, being-
come back again without so much as sitting down u])on it; and for the
better justification of themselves in theii' return, ha\e s])read a reproach

COLONIAL RECORDS. 39

both upon tlip harbor and ii])oii the soil of tho rivor itwlf; which cheok,
if now also sofondcnl with a disconraiicnicnt from hence, in reference to
their fjovei'nnient, oi" with an intimation that they may not expect in
the same river the same nsnal and aecnstoined privileges, that all the .said
colonies of New Enfiland, with other colonies, have ever had, it is hnni-
blv fearefl that all thouj^hts of fnrther proeeedinir in the said rivei- will
be wholly laid aside l)y them.

Wherefore, inasmuch as the said adventurers here liave only power to
return back to those of New England what they shall receive as the pleas-
ure of those right honorable ])ersons that are the lords patentees; foras-
much, also, as from the several discourses had and favors already received,
the said adventurers here cannot bnt have a strong confidence of their
lordships' inclination and propenseness to give all just and possible en-
couragement to undertakings, so jtublic as all things of this nature are ;
the said adventurers could not Hnd any way bettei- how to discharge the
faithfuhiess of that duty and respect which l)econies them to demonstrate
towards tlieir lordshii)s, than thus candidly and sincerely to state to theii-
lordships the nature of their adventure, partnership, and subscription
with others, the nature also of their dependence on others, as being but a
minor part to them of New England, and as having their discretions here
intrusted, at furthest, no further than for the olitaining and seciu'ing
such things, too, for them of New England, as are pursuant to the direc-
tions sent hither from them, anil as they here shall judge may most tend
to a satisfactory and lasting encouragement to them.

[H. F. K. O. Col: Ent: Book. No. 20. p. 10.]

PROPOSE.U.LS OF SEVERALL (GENTLEMEN OF BARBA-
DOES .vrt^rST this ]2th ]()(;:].

Severall gentlemen and |)ersons of good (juality in this Island being
\ei'y sensii)le of the great loss and sad disa|)])oyntment that might
redowntl to the English nation in Generall as well as to many pai'tieular
persons y' ingaiged and intended to" ingaige in the settlement of an Eng-
ligh plantation in that goodly laud of FliM'ida by the eivill report bruited
thei-eof, by those sent from new England to setle at Cape Faire contrary
to what M'' William Hinton and the i-est with him sent to discover that
(Viast did and doe affivine rhereof, and havino greate contideniv in the said

40 COLONIAL RECORDS.

Hinton's fidellity and honest indeavowrs therein, have out of an farnest
desire and confident persuasion of a happy settlement for our English
nation in tliose parts, now againe hired and sent the above said M' Hin-
ton with his ship adventure and twenty two men well fitted and victu-
alled for 7. months for discovery of that coast soutlnvards from Cape
Faire as far as -U. degrees north latitude: in which design of discovery
there are and will l)c above 2 hundred gentlemen and amongst them
many persons of good qnallity in this Island, wlmc arc and wilbc at a
considerable charge tlierein.

The said Adventures doe earnestly with all Humillity desire and
request that those Noble innlertakers whoe have lately obtayned a charter
of the Province of Carrolina from his Royall Maj*'^ wilbe pleased with as
much eonvejiieut speede as may be to send them an examplification of
there said Charter under the bi'oade scale of England fully recited ; and
togeather therewith and by vei-tew of tlu' <aid chaiter to impower and
authorize the aforesaid Adventurers or such of them as the said Grantees
shall judge fitt to nominate togeathei- with the rest of there Assotiates
and freinds, them there heires and assignes to take up and ])urchase of
the natives such certine tract or tracts of Lands as they and such as they
shall send theither to setle may or shall linde fitt for the accommodation
of themselves and of there freinds there, in the forme and manner of a
County or Corporation, not exceeding or about the quantity of thirty or
thirty two niyles square, or one thousand sipiare mylc> which they desire
may be called the Corporation of the Barbados Adventures, and that the
said tract or tracts of land. County or Corporation, they desire may Ix'
granted and confirmed to them and there Assotiates, and to theire heires
and assignes for eaver, in full, free and aMq>]e manner aiul with the same
power, 2)rivil('ilges, jurisdictions and Innnuiiityes as tiic af(>resaid Prov-
ince is granted to them by his Majestic. Ami if any more or other rents,
acknowledgements or services be or shalbc desired, expected or re(|utred
then the proportion of what is In* them the said pattentes or first under-
takers to be paid and allowed to his Majestic it may be by them asser-
tined and expresly set downc in theie said (Irauntc tn these said Barl)a-
(los Adventui-cs, before they shalbc at fni'ther ('ost. Charge or troble to
sctlc it whicli they desire to know as soon as may l)e for that heare arc
many hundreds of noble famillyes ana well experienced planters that are
willing and ready to remove spedily theither to begin a setlement as afore-
said and to beare the brunt thereof, if they shall receave such incorrage-
ment as is expected as aforesaid from soe noble and worthy undertakers
a:- we do understand are concerned a? principalis in ;aid Charter -^hich

COLOXIAL KKCORDS. 41'

privilfclges and iiicdrri-iiicnicuts thcv ;ii'c ilic latliiT lioald t(i px])t'ct Adven-
tures not onciv till' there \i<i(iri>Ms and i-ead\ appearini:' to promote the
further (hseoverv ami hopetul setU'nieiit there ut" at siieh a time as this,
when soe greate a eloude of obseurity was east upon it hnt alsoe from the
aptness of the people heare and persons heare iii^aiitNl to furtlier sueh a
work as well tin- then^ ex|)erieneed planters as foi- the unnd>er of tliere
Negro.s and otJier servants titt for sneh lal>or a> wilhe there reipiired, an<l
doe alsoe find the less cause to doulit fii' the desired trust to be reposed
in them, in I'egard many of there number consists of persons of good
(piallity titt to manage the Government of soe considerabU' a corporation,
wiioe with there freinds and associates doe desire to expect to liaye the
sole power of electing all delligates, ( jovernors and officers, and making
Jjawes, and goverening amongst themselves acc(n-ding to the tenor and
Priviledges of the said Grannte or charter from his Majestic, which if
grante(^l soe, as to incorrage such a free and noble setlement as they be-
leive and hope is aymed at; will nnieh promote the good and seedy
setlement of many other very considerable corporations within the Ter-
ritory and Dominions of the aforesaid Province.

That alsoe desire that a Proclamation may be procured from the Kinge
directed to all Governors in these his Majestie's plantations, requiring
them not to hinder any free and uiiingaiged persons from going theither
to setle upon any frivilus pretences \\'hatsoever : but rather to further
the good and speedy settlement thereof that possible may be in order
whereunto ; and that those noble persons to whom the Charter is graunted
may the better know whome to appoynt and nominate as Prime Adven-
turers and undertakers of the before mentioned corporation, the said
Adventiu-ers doe intend by the next to send a list of such persons names
as have already subscribed and of the committe Ijy them choasen to
manage afiFaires heare for this yeare and until! some shalbe sent theither
to performe the same upon the place unless the said undertakers in Eng-
land shall please to leave in blancke the place for the said Committe ;
to put in such persons names as they shall judge most fitt and find will-
ing to goe speedily theither to begin the said settlement there.

My Lord,

We humbly advize you will be pleased to appoynt some persons
with your Instructions to treate with them on there proposealls, and
wee conceave to bringe them to accept of by Lawes onely in steede
of Generall Laws, which they desire to have power to make it being fitt
the whole Countxy should make the Generall La\^'es and that the Gov-
ernors thev meane to choose should bee onlv such as in the ( 'ittv of Exon

42 COLONIAL EECORDS.

vizt: Mavovs, Aldermen, Sherites, C'unstables, and the like, this wee
c'oneeave may sattistie them, otherway.se they willie disturbed in Govern-
ment whieh may cause

Y(nu- humble servants

THO: MODYFORD
P: (X:>LLET0N.

[B. P. K. O. Shaftesbury Papers. Bdle. 4S. No. 2.]

AT THE COURT AT WHITEHALL

The 12'" Day of August 1«68.
His Ma"'' this day takin<> into consideration the State and pi-esent
Condition of the Province or Region called Carolina in America and his
Grant of the same by his letters Patents under the Great Seale of Eng-
land to the Right Hono'"'* the I^ord High Chancellor of England, George
Duke of Albemarle VA'illiam Lord Cra%'en John L(jrd Berkeley Anthony
Lord Ashley Chancellor of the Ex(^heq'' S' George Carteret Knt Vice
Chamberlain of his Ma''" househould S'' William Berkeley and 8'' John
. Colladon Knts. And upon Information that all pretendors to former
Grants of the said Province haveing been suuioned (according to foi-mer
orders of this Boai'd) to bring or send to his Ma"'' Attorney Geuerall such
letters patents writings, or other Evidences as they or any of them had
setting forth their pi-etended titles thereunto, yet none of them have
appeared or discovered any such pretensions, or Clayme.<. And for as
much as no English whatsoevei' have, by \ertue of any such Grants
iiitherto planters in the said Province, by which neglect such Letters
patents (if any were) are become voyd : His Ma'" by and with the
advice of his Councell doth Order and it is hcirby Ordered: That liis
Ma'""* said Attorney Generall forthwith proceed either l)y Incjuisition or
In' scire facias in the revoking all former Jjctters pattents and Grants of
the said Province, or any other legall way wherein- to make and declare
them voyd. And that from henceforth a rds, when any like Grant of any
Sovereigne plantation shall be prepared to i>as-;<' his ^fa""' (xreat Scale.
A Clause be inserted. That if within a certain number of yea res no
plantation' be made and performed the said Grants shall become void.
And it is further Ordered, that the sai<l Lord Chancellor. Duke of Allv^-
raarle : and other the before named patentees do jiroceed in the planting

COLONIAL RECORDS. 4.i

of the said Proviuce of Carolina, and that in Order thereunto, they recei\e
all Countenance favours and protections from this Board and that from
hence forwards no pei'son or persons whatsoever do presume to goe into
tlie said pi'ovincc or molest or disturl)c the said (Irantees or any Persons
by them or any of them trusted or em])loy(;(l upon jiretencc of any iormer
(xrant whatsoever, as tiiey or any (»f them do render this his Ma"' Co-
mand, and will answer the contrary at their |)prills.

CLARENDON. C

T. SOUTHAMPTON ALBEMARLE

ST ALBAN
BERKSHIRE SANDWICH BATHE

GILB: LONDON THO WENTWORTH

MIDDLETON
CHA: BERKELEY W COMPTON

AVTLL MORICE HENRY BENNETT

RICHARD BROWNE.

[Rivers' Historical Sketches of South Carolina. Appendix, p. ."3-i.
REPRiNTKn FROM Hawks's Htstory of N. f'.]

A DECLARATION AND PROPOSALS TO ALL THAT WILL
PLANT IN CAROLINA.

25 Aug., 16H;'>.
His majesty having been graciously pleased, by his charter bearing
date the ■24th of March, in the loth year of his reign, out of a pious and
good intention for the propagation of the Christian faitii amongst the
barbarous and ignorant Indians, the enlargement of his empire and
dominions, and enriching of his subjects, to grant and confirm to us,
Edward, earl of Clarendon, high chancellor of England, George, duke
of All)emarle, master of his majesty's horse and ca])tain-genei-al of all
his forces, William, Ijoni Craven, John, Loi'd Berkeley, Anthony, Loivl
Ashley, chancellor of his majesty's exche((iier, Sir George Carteret, knight
and baronet, \ice-chaml)erlain of liis majesty's household, William Berk-
ley, knight, and Sir John Colleton, knight and i)aronet, all that territor\'
oi' tract of oround with the islands and islets situate, Iviuu', and bcint;- in

44 COLONIAlv RECORDS.

his dominions in America, extendino- from the north end of" the island
called Lucke Island, wliicli lieth in the Southern Virginia sea, and within
36 degrees of" the northern latitude, and to the west as far as the South
seas, and so southwardly as far as the ri^•er St. Matthias, which border-

eth upon the coast of Florida, and within degrees of the northern

latitude ; in pursuance of which grant, and with a dear and good inten-
tion to make those parts useful and advantageous to his majesty and his
people : we do hereby declare and propose to all his majesty's loving sub-
jects wheresoever abi<ling or residing, and do hereby engage inviolably
to perform and make good these ensuing proposals in such manner as the
first undertakers of the first settlement shall reasonably desire.

1. If the first colony will settle on Charles River near Cape Fear,
which seems to be desired, it shall be free for them so to do on the lar-
l)oard side entering [south side]. If in any other part of the territory,
then to choose either side, if by a river; we reserving to ourselves twenty
thousand acrvs of land, to l)e bounded and laid out by our agents in each
settlement, in such ])laces as tiiey shall see fit, antl in such maimer that
the colony shall not be thereby incommoded or weakened; which we
intend l)y our agents oi- assignees in due time to settle and plant, they
submitting to the government of that colony.

2. That the first colony may have power, wiieii desii'ed, at thi'ir own
charge to foitify the entrance of tlie river, as al>o tiie sea-coast and
island; they engaging to \>v true and faithful to his majesty, his lieirs
and successors, by some oath or engagement of their own framing.

■'3. That the undertakers of that settlement do, before they or any of
them repair thithei- to settle, present to us thirteen persons of those that
intend to go, of which number we shall commissionate one to be (xov-
ernor, for three years from the date of his commission, and six more of
the thirteen to l)e of his council, the majoi' part of which number, the
Govern(,)r or his deputy to be one, to govern for the time afi)resaid ; and
will also nominate successors to tlic ( ioNcruor, wiio shall l)e of the six
councilloi's aforesaid, to succeed in tiie government, in case of death or
removal ; and likewise councillors out of the remaining six of the thirteen
to succeed in case of deatli oi' renio\al of any of the coiuicillors, and after
tiie ex]>irati(ni of tiie lii-st three years, and so successively for every three
years. I'pon or ix'foi'c the 2oth day of March, before the expiration of
the time of the (Governor in, being a in w ])resentment l)v the freehohlers
of the colonv, or liy such persons as tluy shall constitute, to Ijc made of
the thirteen persons, four of which siiall consist of those that shall be in
the "j'overnnient at tlie time of tiie election of tiie tliirteeii, out of which

C'OLOxNlAL RECORDS. 45

we will, upon or before the lUtli ilay of April following, declare and
c-onunissionate a Governor and isix eouneillor^; with tlieir ref^pective suc-
cessor* in case and manner as aforesaid.

4. We shall, as far as our charter permits us, empower the major pari
of the freeholders, or their deputies or assembly-men, to be by them
chosen out of themselves, viz. : two out of every tribe, division, or par-
ish, in such manner as shall be agreed on, to make their own laws, by
and with the advice and consent of the Governor and council, so as they
l)e iKit rejjugnant to the la\\s of England, but, as near as may be, agree-
ing with them in all ci\il affairs, with submission to a superinteudency
of a general council, to be chosen out of every government of the province,
in manner as shall be agreed on for the common defence of the whole;
which laws shall, within (me year after publication, be presented to us to
receive our ratification, and to be in force until said ratification be desired
and by us certified; but if once ratified, to continue until repealed by the
same power, or by time expired.

-j. ^^'e will grant, in as ample uianner as the undertakers shall desire,
freedom and liberty of conscience in all religious or spiritual things, and
to be kept inviolably with them, we having po^\er in our charter so to do.

6. We will grant the full benefit of these immunities to the undertakers
and settlers which, by the charter, is granted to us (for our services to his
majesty) in relation to freedom of customs, of tools of all sorts useful
there, to be exported from England for the planters' use ; and of certain
groAvths of the plantations, as wine, oil, raisins of all sorts, olives, capers,
wax, currants, almonds, and silks, to be importctl into any of his majesty's
dominions for seven years for Ciich conunodity, after four tons oi' every
respective species is imported as aforesaiil in one bottom.

7. We will grant to every present undertaker for his own head, one
liun(h'ed acres of laud, to him and his heirs forever, to be held in free and
common soccage; and for every man-servant that he shall bring or send
thitiu'r, that is fit to l)ear arms, armed with a good firelock musket, per-
formed i)ore, twelve l)ullet> to the pound, and with twenty pounds of
powder and twenty pounds of liullct.-, fifty acres of land; and for every
w(,>man-servaut thirty acres ; and to cvci'y man-servant that shall come
within that time, ten acres after tlic ex]>iratiou of his time; and to every
woman-servant six acres after the expiration of her time. Note that we
intend not licrcliy to l)e obliged to give the pro|)ortions of lands abo\e
mentioned to masters and servants, longer than in the first five year>. to
commence at the beginning of the first settlement.

46 COLONIAL RECORDS.

8. We will enjoin the Governor and council to take care that there lie
always one man armed and })rovided as aforesaid in the colony, for every
fifty acres which we shall grant, and that there be a supply to make up
the number in case of death or quitting the colony by the owners of said
lands within twelve months after uiviug notice of the deliect.

In consideration of the pi'emises, \vc do expect by way of acknowledg-
ment, and towards the charge wc have been and shall be at, one half-
penny for every acre that shall be granted as aforesaid, within the time
before limited and expressed ; and that the court-houses and houses lor
public meetings be erected by the public moneys of the colony on the
lands taken up by us ; but to be and c(>utiiuie to the coiuitry's use forever,
they paying some small acknowledgment.

Given under oiu' hands this twenty-fiftli dav oi' August, Anno Domini,
1 6fi3.

[B. P. R. O. Col: Knt: Book. No. 2(K p. S.]

LETTEH TO COL: THO: MODYFOKD .VXD PETEK COL-
LETON ESQ-

CoCKEPTT this ."'.()"' Aug\lst Kit).").

Sirs,

Wee finde by a letter from M' Richard Eivaus M' .John Vassall and
others as alsoe by another from you Coll : Modyford that severall people
of Barbados have iuclynations to setle and plant in some parte of the
province of Carrolina, whome we desire by all wayse and meanes to incor-
rage, and that it may appeare soe, have inclosed sent you a declaration
and proposealls under the hands of all those concerned tliat are in towne
and those that are not have consented to it : which paper we desire you to
communicate to all people that are disposed that way and to give what cop-
pyes you please to such as shall desire them and to send others to the
Barmothos Xew England and where elce you think fitt useing your
Intei'cst for the propogation of this plantation and assureing the |)eople
that what we propose shalbe performed: in which we resolve to be puu-
tuall and circvnn.spect, we are informed that some ill willers to the setle-
ment upon Charles river neare Cape Faire, have contrived the disorder
that ha]>ned to those that lately went theithei" befoi'c the ships went from
New England and that they went not into the brancli of the river in
that Hilton was in, but by mistake went into anotlicr l)esides they tooke
not the proper time of the yeai"e, for worke ; soe that wee hope that

COLONIAL RECORDS. 47

that iniscarragv will not (liscorniiic ymir |)e(ti)le; we conceavt' it wilhe
advantageous to the Kinge, his people, and ni(tre partienlarly to your Ilan-
ders to goe on witli the setlenient where the ayre as we are informed won-
drous healthy and temperate, the land proper to hare such eommodyties
a-s are not yet produced in the otlu'r j)lantations and such as the nation
spend in greate quantities as wine, oyle, (Hu-rants, reasons, silks &c by
means whereof the money of the nation that goes out for these thhigs
wilbe Keept in the Kinges Dominions and the planting pait of the peo-
ple imploy there time in planting those eomod}i:ies that will not injure
nor overthro\A the other plantations which may very well happen, if
there be a very great increase of sugar \\orkes and more Tobacco, Gin-
ger, Cotton, and indiecte made then the world will vent these reasons we
conceave will coTiviuce the most concerned in your Islands to promote
this worke, the proposealls sent are but heads ; we conceaving that sucli
as shall undertake, will expect a more formall and large assurance ti»m
us according to tliei'e oAvne Methhood ; which we shall willingly give
when they desire the same, some people lieare propose that we should
make choyce of a Governor without there presenting ; if your people
desire the like it shall be done, more freedome then this we may not give ;
but if any have any other way to propose that is not loss to us then this,
we may consent to it. Wee ha\'e wi-itten to my Lord ^Villoby to coun-
tenance at least not to discountenance your jn-oceedings herein, the busi-
ness is the Kings and nations service more then oiu" owne, the ])romo-
tion whereof by you is desired & not all doubted by

\'Our

[B. P. K. O. Col: Ent: Book. No. 2. p. 9.]

A LKTTEH TO MV LOK'D WlIvLOHY FROM THK Dl^KE
OF ALBEM.VKEF.

Cockpit the ."{l of August. IHH'A.
Ml/ LonL

I presume you are not a stranger to his Majestie's Graunte of the
Province of Carrolina to my Jjord Chancellors myselfe and others, whicJi
we have undertaken to serve him and his people, and not our private
Interest there are some persons of your Island of Barbadoes that have
by there letters to me set forth there desires of beginning of or contriliute-
ing to a setlement in tho,«e parts which I conceav'e will prove rather advan-
tagious than otherwayes to those under your Government for that setle-

48 C01>0NIAL RECORDS.

inent will clevirt many projilc tliat (Icsignc to pl-ajit from plantiiig there
fommodyties wliiHi your plantation al)onn<ls in (of wiiicli ^rcaler qnan-
titie^ l)ein^' made, will sinckc the maker) and pnt tliem npon sncli as
vour lands will not 1 conceave produce, and as the Kin^e hath not yet
within his Terrytories in quantity, although his people consume much o(
them to the exhausting the wealth of the kingdorae, the comjiiodyties I
meane are wine, oyle, reasons, currants, rice, silke <frc ; which commody-
ties will be of good use and advantagious to your parts, as well as C'orne
meale floMer beefe and poorke; which that Country as I am well informed
from persons^ that liave planted in some parts thereof will in short time
aboiuid in: for which reasons an<l being well assui'ed that you in all ycjur
actions ayme at the publicke good, I desire that your I^ord will not hin-
der but incorrage this setlement by which I am svn-e you will not only
doe his Majestic good service but much oblige

Your Lordship's Hund)le servant
My Ijord Chancellor is gon to Cornebey whoe woidd 1 believe have
joyned with me in this desire if he had beene in Towne; I have written
my Couzen Modyford and Couzen Peter Colleton to promote; C-arrolina
Plantation. T pray countenance them in it.

[B. P. R. O. Col: Ent: Book. Vol. 20. p. 3.]

(JOPPY OF A COMMISSION TO SIR WILLIAM BLRKELE^'

TO CONSTITITTE AND COMMISSION ATE .A

GOVERNOR FOR AI>BE:\[ARLE

RIVER.

Whereas his Majesty iiath Ween graciously pleased by his Charter
baring date the 24th day of March in the 11. yeare of his Reigne for
him his heires and successors To give, grant and contirme unto us Edward
Earle of Clarendine Lord Heigh Chancellor of England Oeoi-ge Duke
of All)emarle Master of his Majestie's horse, and Captain Generall of
all his forces, William Tjord Craven, John Lonl IWkeley, .Vnthony
Lord .\shley ( 'lianci'llor of his Majestie's E\che(|Uor Sir (Jeorge Carte-
rett Knight and Barronet Vice Chamberliiie of his Majestie's hou.sehidd,
Sii' William Herkelev knight and Sir John (\illeton knight and Bar-
ronet our heires an<l .Vssignes for ever, all that Terrvtory or tract or
(jronnd. now calh'il tlie Province of Carolina svttnate, lyeing and being

COLONIAL RECORDS. 49

within his Mnjostio's Ddiiiiiiions in America oxtending from the north
end of the Hand ealled Lneke Island, which lyeth on the Sonthernc
Virginia Seas and witliin 36 degrees of the Northine Lattitnde, and to
the west as farr as the sonth seas aforesaid with all and singnler harl)ors,
bayes, rivers, Isles and Islets belonging to the Country aforesaid and
alsoe all the soyle, lands, fields, woods, nionntayiies, farmes, lakes, rivers,
bayes, Isles and Islets situate lyeing and lieing within the bounds and
limitts aforesaid, with the fishing of all sorts of fish whales, sturgions
and all other royall fishes in the sea, Bayes, Isles, Islets and rivers within
the premises and the fish therein taken. And moreover, a power to con-
stitute and appoint Governors and all other necessary Officers both mili-
tary and civill, and to make, enact and ordayne I^awes by and with the
advise and consent of the freemen of the said Pi-ovince or of the greater
part of them there delligates or depntyes when and as often as neede shall
require, and the said Ijawes to putt in execution by our deputy Justices
&c. with many other powers, emmunitves and priviledges as in the said
Charter unto which for more certinety we referr ourselves is contayned ;
Now know all men to whom these presents shall come that we the
said Edward Earle of Clarendine Lord Heigh Chancellor ()f England,
George Duke of Albemarle ^Master of his Majestie's horse and Captain
Generall of all his forces, ^^'^i]lia^ll Lord Cra\-en, John Lord Berkeley,
Anthony Lt)rd Ashley Chancellor of his jVIajestie's Exchecpior, Sir
George Carteret Knight and Barronet Vice Chand)eline of his jNIaj''"'*'
household and Sir John Colleton Knight and Barronet, Doe by these
presents give full power and ample authority unto the above named Sir
William Berkeley Governor and Captain Generall of Virginia to nomi-
nate, constitute and appoynt such persons as he shall conceive fitting to
be and continew Governor of all that parte of the province afoi'esaid
which lyeth on the north east side or starboard side entring of the river
Chowan now named by us Albemarle river togeather with the Islands
and Isletts within tenn leages thereof, for the tearme and time of
yeares from the date of his Commission which he shall receave from the
said Sir William Berkeley, he behaveing himself well ; and likewayes
the same person or some other fitting person to be and continew Gov-
ernor on the southwest or larbt)anl side entring the same river, and from
the entrance thereof 20 leagues up the river and from the river side
myles southerly into the land, for the tearme and time of yeares from
the date of the Conmiission that he shall receave from Sir William
Berkeley, he behaveing himself well as aforesaid. And alsoe to nomi-
nate and appoint G fitting persons to be of the Councill of each Governor
4

50 COLONIAL RECORDS.

if two ; to joyne with him or them in the Government in such manner
as the said Sir William Berkeley shall direct, and to give the said Gov-
ernor or Governors and his or there Counsell such power and authority
as we by his Majestie's Charter have power to grante, for the well, good
& peaceable government, of that CoUony or those Collonyes, and those
people that are setled or shall come to setle there on the Islands or
Isletts aforesaid, and moreover to the said Governor or Governors and
Councill or Councillors full and ample power to elect constitute and
appoynt all Officers Millitary and Civill which shall l>e convenient and
necessary (the Secrytary and siu-veyors onely excepted) which we by his
Majesty's Charter have jjower to constitute to be and continued during
pleasure or good behaviour according to the Cliarter aforesaid and our
instructions given you hearewith to give the said Governor or Governors
and Councill or Councillors power by and with the advise and consent
of the freeholders or freemen or the Major parte of them there deputyes
or delligates to make good and wholesome lawes ordinances and consti-
tutions for the better Government and good of the Collony or Collonyes
which lawes shall be transmitted to us within one yeare after publication,
there to receave our rattification but to be in force until by us denyed and
the denyall certified and then to sease; and the said lawes to be put
in execution, as alsoe a power to the Governor or Governors to
grante and confirm lands to such as are there or shall come there to setle
and plant according to such proposealls and Instructions as we send you
hearewith and to act and doe all other things that may conduce to the
good, welfare and well government of the people as farr as the Charter
aforesaid Avith our Instructions, shall imjjower them to doe.
Witness our hand and seales this day of 1663.

[B. P. R. 0. Col: Ent: Book. No. 20. p. 5.]

INSTRUCTIONS FOR SIR WILLIAM BERKELEY GOV-
ERNOR AND CAPT.AJN GENERALL OF VIRGINIA
IN RELATION TO THE SETLING AND PLANT-
ING SOME PARTE OF THE PROVINCE
OF CAROLINA.

1 . In regard that we conceave all men aaIII desire to setle there habita-
tions upon the river in respect of the ease of there Carrage to the sea
there transportation from place to place and the bennefit of the water and

COLONIAL RECORDS. 51

fishing in the river, therefore that they may keepe neare togeather for
there common defence, wee propose that whoeaver liath phmted or comes
to phmt, have for himself and every man sarvant armed as in onr pro-
posalls, one Chayne of land consisting of 66 foote in l)redth and 100
chayne from the river into the Country in lenkth and the remainder of
his proportion of land to be noe nearei* then at the end of 200 chayne,
from tlie ri\'er, whereby there may be roome for a second roe of planters
next to the first, l)v meanes whereof there wilbe two hundred men armed
and lodged within each myle and (piarter scpiar-e or thereabouts, which is
c-onceaved to be better then in to>\'ues, for such whoos business it is to
plant, for then each man wilbe where his business or the greater parte of
it lyes, and 10 acres which is the proportions above, wilbe as much as
one man can well plant and keepe cleane in that growing Country ; reserve-
ing convenient home pasturage, tor the passage of those above; the I'e-
maynder of mens proportions may be leyed out, where the Governor and
Councill shall conceave it most regular and advantagious to keepe the
people neare each other soe as it be at the end of 200 Chayne as is before
exprest.

2. You are desired to cause 20000 Acres of land to be set out and
bounded for the propryators in severall places, parte of which may be
where a towne is like to be built, other parte some myles up the river and
other some ujj into the Country where the land is good, and some on
sides of hilles that looke to the southward wliich wilbe best for Vinniards
and if it be possible where there is an advantage of a springe river or
rivelet from whence the land may be with any art watered, which wilbe
of mighty advantage in planting some commodyties especially vynes :
which is conceaved wilbe most profitable, an aker in the Cannaryes pro-
duceing £60. per ann : besides the duty thereof is greate heare, of which
we are free.

o. If the people that plant are not or shall not be willing to pay the
Quit rent of | penny per acre ])resently you may give them two 3:4:
or 5 : yeares for the convenience of there payments.

4. If those men which have jiurchased sliall for the better moddelling
and secureing the plantations parte with there Interest bought of the
Indians which they must doe the next possessor ought to pay him what
he leyed out with some small advantage for his disburse, and if the party
in jiossession have cleaned and planted (or either) more than his propor-
tion of Grownd in bredth he ought to be compounded with for his charge
of which the Governt)r and Councill to be Judue.

52 COLONIAL RECORDS.

5. The GoveriKjr or Governors and Conncill to give warrants, which
are before delivery to be entred for the proportions of lande to be leyed
out according to the proposealls and in manner as above (if you are
pleased with the way) to the Surveyor, the Surveyor haveiug run out the
land to certifve to the Secretary the ((uantity kyed out to and for each
person with the Ixiunds thereof and on what poynt it lyes with a small
plot of the same, this Certifficate to bee recorded by the Secrytary in a
booke to be kept for the purpose, and then the Secrytary to certifie what
the Surveyor hath done to the Governor or Govei-nors and Councill and
that being done the Governor to make a Graunte to be drawne by the
Secrytary and to be past under a seale that ^ve shall send with his hand
to it, to the partye and his heires for eaver for whome the land is leyed
out under the quit rent of one | penny per acre to commence Avhen you
shall direct not exceeding 5. yeares from the feast of all Saints next.

G. We propose that if you cannot find some other way to support the
Governor out of the thing itselfe, that he have the sole trade of fures for
3. yeares, and if he conceave 3 yeares to little time for his eontinewance
in the Government in regard the first setlement wilbe the brunt and dif-
ficulty of the l)usiness, yon may assure him that we shall clioose him
againe unless his misbehaviowr obstruct it.

Wee doe likewayse propose that the Secrytary draw all the Grants of
land, and that some fee be established for that and fi>r recording, certifie-
ing and searching of records and coppyes of them for his maynetenance.

Likewayse that some Fee be established fi)r the surveyor by the acre or
day when hee surveyes i\n- liis support.

[B. P. R. O. Col: Ent: Book. No. 20. p. 6.]

A LETTER TO SIR WILLIA]\I BERKELEY.

Cocke pitt this 8. day of Sepf 1663.
Sir,

Since you left us we have indeavonred to procure and at lenktli have
obtayned his Majestie's Charter for the province of Carrolina. A coppy
of which Charter and unto which we refer t)urselves, we doe hearewith
send you since the sealeing whereof there started a title under a pattent
graunted in the 5"' yeare of KInge Charles the 2* to Sir Robert Heath
under which there hath beene a Claynu' Iw the Duke of Norfolkes

COLONIAL RECORDS. 53

Agents :iii(l aiiotlK'i- by Sir Ric : Greeiu'ficlil.s lieires : but all tlifre that
shall plant notwithstanding that patteut, are by a" Act of Kinge and
Couneill seeured againstv.that pattent : and that pattcnt by Kinge and
Couueill made Null and ordered to be made soe by the Kinge's Authnr-
ney in the Courts of Law a coppy of which order we hearewith send
you, soe that noe perst)U need not scru[)le planting under our pattent
besides we have many more advantages then is in the other to incorrage
the undertakers, we are informed that there are some people setled on the
north east parte of the river Ciiowan and that others have inclynatiuns to
plant there, as alsoe on the Larboard side entring of the same river soe
that we hold it convenient that a Governor be fortlnvith appoynted foi-
that Collony, and for that end we have by Captain Whittey sent yon a
power to constitute and appoynt one or two Governors and Coiuicelles
and other Officers unto which power we referr ourselves : we haveing
onely reserved the nomination of a surveyor and secrytary : as officers
that wilbe fitt to take care of your and our Interest, the one by faithfully
leying out all lande the other by justly recording the same, the surveyor
by name Monsiear Lepreyrie whoe we conceave will goe in this ship if
not in the next he is reeomeuded by Sir George Carteret to be able that
way antl a good Injenear for the making of fortifications.

The secrytary is one INI"' Ricliard Cobthrop recomended t(_) us by my
Lord John Berkeley, he hath the repute of an honest injeinous and stout
man : he promiseth to be ready to goe hence within a moneth \\e shall
hasten him to you.

Wee doe likewayes send you proposealls to all that will plant, which
we prepared upon receipt of a paper from some new England men that
desired to setle neare Cape Faire, in which our condisentions are as low
as it is possible for us to desend, this was not intended for your merrid-
dian, where we hope to find more fassill people, whoe by your Interest
may setle upon better tearmes for us, which we leave to your manage-
ment which our oppiiiion that you grante as much as is possible rather
then deter any from planting there, by our instructions and proposealls
you will see what pniportions of lande we intend for each master and
sarvant and in what manner to be allotted, but we understand that the
people that are there have bought great tracts of land from the Indians,
which if they shall injoye will weaken the ]ilantation.

1. First because those persons will in j)rol)obillity ki'cpe all that land to
themselves, and soe make the neighbowrhood of otlicrs remote from there
assistance in case of danger.

54 COLONIAL RECORDS.

2. If any new Commers would setle neare there habitations they will
not pei-adventiire admitt it without purchasing and possibly upon hard
tearmes which will discorrage people from planting; wherefore it is our
resolution and desire that you persuade and compell those persons to be
sattisfyed with such proportions as we allot to others which wilbe more
then any such number of men, to and for whome these proportions are
to be given, cann manage and therefore enough : more will but scatter
the people and render them lyable to be easyly destroyed by any enymyes
soe that the fixing the way that our Instructions mentions wilbe the best
course of setling as we conc-eave, howeaver we doe leave it to you that
are upon the place and cann best judge; desiring you to keepe this Let-
ter and our Instructions and proposealls private to your selfe ; the rea-
s(jn (jf giving you power to setle two Governors that is ol" each side of
the river one, is because some persons that arc for liberty of Contience
may desire a Governor of there owne pnjposing, which those of the other
side of the river may not so well lik<', and our designe being to incor-
rage those people to plant abroad and t(j stocke well those parts with
planters : inciteth us to comply alwayse and with all sorts of persons, as
tiirr as possibly we cann, you wilbe best able to judge when you heare
all partyes and therefore referr the thing wholly to you, takeing your de-
sign into consideration. Wee have granted to Sir Jno. Colleton the
Island called by some C-arelyle Island lyeing neare Roanoake and Chowan
river: he will leave it with you to take a parte with him if you please,
soe that you may order possession to be given of the same to his assignes ;
inclosed is a Coppy of his Graunte; Although my Lord Chancellors my
Lord Berkeleyes and my Ijord Ashlyes hands be not to the power and pa-
pers we send you, the reason whereof is because they are not in towne,
yet doe they consent to what we doc: soe that you may act without dan-
ger or scruple.

The entrance to Cho\\an river is difficult anil water but for small ves-
sells : but we understand that there is an Entrance, boald and deepe wa-
ter in the I^attitude of '-14. which is neare the rivers called the Newsc and
Pamplycoe which we conceave may lie best discovered from your parts in
order to which we desire you to procure at fraught or other wayse sf)me
small vessell that draws little water witli a boald boat to make that dis-
covery and some others into the so"\\"nd, through Avhich so'wnd big greate
ships may peradventure come to Chowan and give us admittance into the
other brave rivers that lye in the sownd and whylst they are abroade,
they may looke into Charles river a very little to the southward of Cape
Faire, and give us an account of what is there : this if it may be done

COLONIAJ> RECORDS. 55

witli little troblt' and expeiu-e of time; the eharge you shall he at we
shall eaeh man upon notice pay our shares : some moneys we are in dis-
burse for you heare: which may be allowed out of what you disburse
there ; this vvorke we hold necessary to be done, that the Kinge may see
that wee sleepe not M'ith his grant but are promoting his service and his
subjects profitt; by Captain Whitteyes relation you may easyly pass by
land and river from your Government to Chowan river and ryde but 25
myles bv land which makes us presume earnestly to intreat yon to make
a jorney theither whereby you may upon your owne knowledge give us
your opinion of it : and direct such discoverves to be made up the river
as you shall see Htt: which and all- other things hearein and in our In-
structions contayned we committ to your consideration and care and re-
mayne

[B. P. R. O. Colonial Entry Bk. Vol. 20. p. 14.]

8*" Sept' 1663.
Present

My Lord Duke of Albemarle

My Lord Craven

Sir George Carterett

Sir Jno. Colleton.

Granted by deed to Sir Jno. Colleton & his heires for ever the 8"' of
Sepf 1663 the island heretofore called Carlyle Island now Colleton
Island lyeing neare the mouth of Chowane now Albemarle river eou-
tayneing in lenkth 5 or 6 myles in bredth about 2 or 3 myles he j^eilding
& paying yearely from the feast of All Saints for ever for all such landes
as is in those parts esteemed plantable land one halfe penny per acre if
all others that shall plant in Carrolina pay as much.

[B. P. R. O. Col: Ent: Book. No. 20. p. 13.]

September this 9'" 1603.
Sir,

We have of late sent you two Ijetters with the Coppy of oiu- Charter
for Carrolina and our dwiaration and proposealls touching the setlemcnt
thereof, by which letters we desired you to imploy your indeavours and

56 COLONIAL RECORDS.

Interests to persuade such persons of your Island that have inclynations
to plant in any of those parts to be sattistied with the Meth-hood we
have proposed from the substance whereof we cannot receade.

Since those our Letters above mentioned we have received yours of the
12"' August with the proposalls and desires i^f severall Gentlemen oi'
Barbados, whoe seeme to have thought of setling some parts of C -arrolina
to which desires of theirs, wee inclosed send you our answer upon which
and our declaration you may please to treate with them and make some
agreement if you cann keeping still to the substance of our proposealls ;
but if otlier words or other waves of frameing the Government will please
them better without lesning those po^^•ers and the rent we have reserved,
or giveing away the royaltyes and Fellows goods which is by the Kinge
in our Charter granted to us, you may close with tliem ; and if they shall
desire 7. yeares time, for haveing the proportions of lands mentioned in
our Declaration you may grant it ; and if the grattifieiug of some of the
Cheefe with one, two or 300 Acres of land a man exterordynary will
forward the worke you may promise it, and it shalbe given them: but
let that be as remote as y(ni cann fi-om the river they setle upon whereby
the strenkth of the Collony may be kecpt tt)geather according to the
Meth-hood, in our instructions for the lyeing out of each mans land ; if
you conclude with the undertakers, you may [)lease to make choyse of a
Survevor and Secrytary in our behalf's \\hich Officers wee choose for noe
other end l)ut that wee may from thciii have an account of what passeth
there and tiiat Justice may be done l)etweene tlie planter and ourselves:
we intend they shalbe subject to the Government and upon just com-
plavnt to us l)e removed and by tlie (Tovernment be suspended if there
be cause mitill we have heard the matter.

We further desire vou to give us notice whoe wilbe the fittest man for
the Government and wlioe to be of his Council!, and if it shalbe thought
fitt tliat tlie first Governor shalbe continewed five yeares you may consent
to it; for his mayntenance the people are to find some way, wee have a
Setlement begann upon the river Cliowan in the lattitude of 35 or there-
abouts to which place we have ordered a governor to be sent froru Vir-
ginia, and have proposed for his support tlie fur trade or such a parte
of it as may be sufficient ; until] tlie people shalbe able to provide other
wavs for him if some such thing may be found out where your people
iutend to sit downe, it uiay incurrage, we wish the place may be neare
porte Rovall ; If any argument shalbe made by the undertakers concerne-
insj the charge of discovery it wilbe answered with what we have done
in order thereunto from A'irginia before we did know that they M'ere

COLONIAL RECORDS. 57

about any such tiling ; we hope by tlie next to send the Kinges letter to
the Governors for the promotion of this setlement.

We conceave that the planting of Carrolina wilbe of greate advantage
to the Kinge and his people particularly to the planters in Barbadoes and
the Carribbia Islands in regard it will divert the further rayseing of sugar
workes planting ginger cotton, indicoe and Tobacco of which commody-
ties enough are already made to supply all markets and more will in
probabillity impoverish the planters of them, by lowring the prices to a
rate by which they will not be able to subsist.

2*'^ in regard the land in Carrolina will produce wines of all sorts
silks, reasons of all sorts, currants figs, ollives, t>yle, capers and tobacco
as good as that of Virrgines as we are informed, all which commodyties
are much easier (especially in poynt of charge) produced then Sugar and
are commodyties that are not yet planted in the King's Dominions but
when they shalbe considerably it will give a great imployment to our
navigation and keepe and increase the weltli of his Majestic and subjects
in his dominions; there motives we hope will incurrage by the helpe of
your care and judgment in the well management of this attairc, by which
you will oblige.

[B. P. R. O. Col: Ent : Book. No. 20. p. 12.]

AN ANSWER TO CERTINE DEMANDS AND PROPOSEALLS
MADE BY SEVERALL GENTLEMEN AND PER-
SONS OF GOOD QUALLITY IN THE ISLAND
OF BARBADOS TO THE LORD PRO-
PR YETORS OF THE PROVINCE
OF CARROLINA; WE SAY

That we are well pleased to find soe many publick spirrits in the Bar-
badoes as there seemes to be concerned in the Intended discovei-y of titt
])laces to plant betweene Cape Faire and the northine lattitftde of 3L
degrees, and cannot but commend there soe doeing although we our-
selves had, before we did know anything of that there Intentions ; given
order for a vessell to be sent from A'irginia to discover from Cape Hat-
teras to Cape Floryda all the parts and places fit for the reception of
such of his Majestie's subjects as shall desire to plant jn those parts.

As to your desires we replye. .

58 COLONIAL RECORDS.

That a trew Co]>pv of our Charter hatli been« sent to the Barbados by
M"" Tho: Colleton whoe vvilbe ready to produce and give Coppyes of the
same, and if an exemplyfveation thereof under the broade seale shall not-
withstanding be desired by you, we shall upon notice thereof be ready to
send the same.

To the 2'' demand we answer that we have sent to Coll : Tho : Modv-
ford and Peter Colleton a declaration and proposealls under severall of
our hands of which all doe approve, and doe herewith send a Dupply-
cate in which is set forth the Meth-hood which we resolve to proceed in
for the choyce of Governors, the way of Government, setlement and
graunting of land in those parts ; from the substance \^•hereof wee shall
not receade : which way of Government and of chooseing the Governor
and Councell we hold to be better for the people in Generall then the Cor-
poration way that yon demand, in which the members choasen to man-
age the Government doe continew for there lives, and are not to be
removed but by there owne fellowes or the Major parte of them, whoe
may be apter to wincke at the misdemeanors of there fellow Governors
then the people that are to be governed by them will : in whose power it
wilbe, wee meane the peoples, at the end of every 3 yeares, to leave out
such as have misbehaved themselves : in there election of those that are
to be presental to the Lords Propryetors foi- a new choyse of a Governor
and Council] notwithstanding our declaration; if it slialbe desired that
more than U be of the (Amncill then may the undertakers propose
duble the number they would have, and wee shall choose the Moyty of
them ; To the .'5* demand wee consent that the Governor and Counsell
shalbe amply and fully impowred from us to graimte such proportions
of land to all that shall come to plant in quantity and according to the
Meth-hood and under that acknowledgement & noe more, as in our decla-
rations and proposealls is set forth for which they may contract and
compound witli the Indians ; if they see fitt : and if any shall desire a
confirmation from us, we shallje ready to give it : in as ample manner as
they or there Council] at Law shall contrive, and likewayse we shall
impoMer the Governor and Council] choasen as aforesaid to make choyce
of all Officers as well Millitary and Civil], tlie Secrytary and Surveyor,
onely excepted and arme them with all ]>owers as farr as our Charter
will extend, for tlie well governing of the Collony or place.

We shall likewayse indeavowr to procure liis Majestie's Letters to the
Governors of the Barbados and Carribbia Islands; Virginia, Xew Eng-
land and Barmothos requiring them not to hinder any fi-ee and unin-
gaiged persons from going to Carrol ina to setle upon anv frivolos pre-

COLONIAL RECORDS. 59

tences whatsoever but rather to further the good and speedy settlement
thereof : we have given power and direction to Coll : Tho : Mody ford
and M'' Peter Colleton to treate and agree with you concerneing the
promises, not receading from the substance of our Declaration whose
agreement we shall ratitie so rest

Your loveing freinds.

PATENTS FOR LAND.

To all whom these p'"sents shall come I Wm Berkeley K' Governor
and Cap*. Gen'" of Virginia Greeting in our Lord God everlasting
Whereas by Instructions from y^ kings most Exce' Majestic Directed to
me and y" Councel of State his Majestic was graciously pleased to au-
thorize me y° said Govern'' and councell to grant Patents and to a'^signe
such proportions of land to all Adventurers and Planters as have been
usuall heretolbre in y^ like Cases either for Adventurers of money or
transportacon of people into this Collony according to a Charter (jf Or-
ders from y* late treasurer and Company And y* y^ said Proportion of
tifly acres of land be granted and assigned for every '^son Transported
liither since midsumer 1625 and y' y" same course be continued to all
j\.dventurers and Planters untill it shall be otherwise determined by his
Majestic Now know y^ y' I the s"^ S"^ Wm Berkeley K' &c Doe w' y" con-
sent of y* Councell of State accordingly Give and Grant unto M' Tho :
Relfe Seven hundred and fifty Acres of land Lying on y* Southwest side
of Pascjuotank River Begining at a Small cypresse at y^ mouth of a
Swamp and runing by Tho : Keele his land into y'' Woods South west
and by West 320 pole then N : West & by N. 375 Pole then N East &
by East to a Marked Sypresse in y^ cod of a Bay being one of M"^ ffor-
sons marked trees and soe along y* Bay to y^ Point in y' River and
downe the said River of Pasquotanck to y* first Station y" said land
being due to y^ said Thomas Relfe by and for y" transportacon of fifteen
Persons into this Collony \vhose names are in the Record menconetl under
this Patent To have and to hold y' said land w" his due share of all
Mines and Mineralls therein Conteined w* all Rights and Previleges
of Hunting Hawking fishing tfowling w* all Woods Waters and Rivers
w' all Profitts Comoditys and heriditam'" w'soever belonging to y' said
Land to him y' said Thomas Relfe his heirs and assignes for evei- in as
large and ample Manner to all Litents and pur])osesas is Expressed in a

60 COLONIAL RECORDS.

Charter of Oi'ders from y" late treasurer and Company Dated y° 18th of
November 1618 or by Consequence may be justly Collected out of y^
same or out of y° Letter Patents whereon they are Grounded to be held
of our Soveraigne lord y" kuig his heires and and Successors for ever as of
his Manner of East Greenwich in free and Comon soccage and not in
Capite nor in K'' Service Yielding and paving unto our s'* soveraigne
Lord y'' king his heires and successors tor every titty acres of land hereby
Granted yearly at ye feast of S' Michael y" Archangell y' fe rent of one
shilling Which paym* is to be made yearly from year to year according
to his Majesties Instructions of y" 12"" of September 1662. Provided
y' if the said Tho : Relfe his heires or assignes doe not seat or plant or
cause to be seated or j^lanted upon y^ s* Land w*in three years after y'
next Insueiug y' then it shall be lawfull for any Adventurer or planter
to make Choice and seat thereupon Given at James Cyty under my hand
and y' seal of y^ Collony y^ 25*'' day of September 1663 & in y' 15'"
year of y* Reigne of our Sovereige Lord king Charles y^ Second &c

WILLIAM BERKELEY

To all to whom these p'sents shall come I Wm Berkeley K' Governor
and Cap' Gen""" of Virginia send Greeting in our L** God everlasting
Wheras by Instructions from y" Kings most Exce' Maj"' directed to me
and y' Councell of State his Maj«stie was graciously pleased to authorize
me y* said Governor and Councell to grant patents & to assign such pro-
portions of land to all adventurers and planters as hath been usual here-
tofore in like cases either for adventurers of money or transportacon of
people into this Colony according to a Charter of orders from y" late
treasurer & company and y' y* same proportion of fifty acres of land to
be granted & assigned to every 'psi m transported hither' since Midsumer
1625 and y' y'^ same Course be continued to all adventurers and planters
untill it shall be otherwise determined by his Majestic.

Now know yee y' I y' s* Wm Berkeley K' &c doe with y' consent of
y' Councell of State accordingly give and grant to Robert Peel three
hundred and fifty acres of land Lying on y* South west side of Raspi-
tanck River between y** Innd of D"" Relpli and y* land of John Battle
containing on y* River side one hundred and eighty pole & running South
\A"est & by West into y' M'ood three hundred and twenty pole y" said
land being due to y" said Robert Peel by & for y* transportation of seven
^sons into this Collony whose names ai'e on the Record menconed under
tliis Patent To have cKr to hold v' said land «"■ his due share of all Mines

COLONIAL RECORDS. 61

A: Mineralls theriu contained w"' all rights and previleges of hnnting
hawking fisliing fowling w"' all AN'oods Watei'.s and rivers w"" all ])rofitts
Comodities and hereditani" w'soevcr belonging to y*^ s'' land nnto him y"
said Robert Peel his heires & assignes for ever in as large and ample
maner to all Intents tt pnrposes as is Expressd in a ('liarter of orders
from y'^ late treasurer «.y: Company Dated y" IS"' of Xovendx'i- 1()1<S or
by eonserpience may be justly colleeted o>it of y" sanie or out of the letter
patents whereon they are grounded to be holden of our Soveraigne Lord
y'' King his heires and successors as of his Maner of I-Cast Cxreenwich in
free and Comon Soccage and not in Capite nor by K* Service Yielding
and paving nnto our s'' Sovcraigne Lord y*^ king his heires and successors
for every iifty acres of land hereby granted yearly at y" feast of S'
Michael y* archangell ye ft'ee rent of one shilling w°'' payment is to be
made yearly from year to year and y° first paym' to l)egin one year after
y^ date herof according to his Majesties Instructions of y" IS"" of 7''*''
1 662 Provided y' if y* s* Robert Peel his heires or assignes doe not seat
or plant or cause to be seated or planted n])on y" s'' land w*''in three yeares
next ensueing that then it shall be lawfull for any adventurer or planter
to make choice or seat therupon Given at James City under my hand and
seal of y* Collony y'' 25"' of September 1663 and in y'^ 15"' year of y*
reigne of our Soveraigne Lord King Charles y" 2'' &c

WILLIAM BERKLEY

To all to whom these p^'sents shall come, I S" W"" Berkley Kn' Gov-
erno"' and Cap' Gen" of Virg* send greeting in our Lord God everlast-
ing, whereas by instructions from the kings most Excell' maj'^' directetl
to mee & y'^ Consell of state, his Ma'^ was graciously pleased to author-
ize mee the s* Governo"" and C^ounsell to grant pattents & to assigne such
proporeons of Land to all acLentur' and planters as have been nsnall
heretofore in the like case either for adventures of money or Transporta-
con of peojjle into this Collony according to a Charter of Orders from
the late Treasurer & Company & that the same proportion of ffifty Acres
of Land bee granted and assigned for every person transported hither
since Midsom'' 1625 and that the same course bee continued to all adven-
tur'^ and ])lanters nntill it shall be otherwise determined by his ma'-^'.
Now know yee That I the S"" S'' W" Berkley Kn' &c Doe w"' the con-
sent of the connsell of state accordingly gi^•e and grant nnto M'' John
Harvey six hundred Acres of Land lyinge in a small Creeke called Cnra-
tuck falling: into the the River of Kecouur-htancke w"*" s'' River falls into

62 COLONIAL RECORDS.

Carolina begining att a marked pokikerv & runinge East South East into
the woods three hundred and t^\'enty pc»le, then Nor : Nor : East three
hundred pole, then West Nor: West thi-ee hundred and twenty pole to a
marked Cedar att the mouth of swamp upon the afores** Creeke and soe
downe the s* Creeke to the first station. The s'' Land being due to the
s'' M" John Harvey by & for y* transportacon of twelve persons into this
Collony whose names are in the Record nienconed und'' this pattents To
have and to hold the s** Land with his due share of all mines & mineralls
therein conteined, with all Rights & priviledges of hawking hunting,
ffishing & ffowling w"' all woods waters & Rivers w"" all profitts Como-
dities & hereditam*' whatsoever belonging to the s*^ Land, unto him the s*
M'' John Harvey his heirs & assignes for ever in as large & ample manner
to all intents and purposes as is expressed in a Charter of Orders from
the s"" Treasui-^' & Company dated the 18* day of Novem' 1618 or by
consequence may bee justly collected out of the same or out of the Let-
ters pattents whereon they are grounded. To be held of o' Soveragne
Lord the King his heirs and successors for ever, as of his Manno' of East
greenwich in free & comon soccage & not in Capite nor by knight ser-
vice Yielding & paying to our s'' Soveraigne Lord the King his heires &
success'^ for every ffift}- acres of Land hereby granted yearely att the
feast of S' Michaell the Archangell the ffee rent of one shilling, which
pavm' is to bee made yearely from yeare to yeare according to his
Maj"'' Instructions of the 12"' of Septem"' 1662 provided that if the s'*
M'' John Harvey his heires or assignes doe not seate or plant or cause to
be planted or seated upon the s** Land within three yeares next ensueing
That then itt shall be lawfull for any adventur' or planter to make theire
and seate thereupon. Given at James Citty under my hand and the scale
of the Collony this 25"' off Septem'' 1663 and in the ffifteenth yeare of
the Raigne of o" Soyeraigne Lord, King Charles the Second &c.

WM BERKLEY

To all to whom these presents sliall come, I S"' Willm Berkley Kn'
Governo"' and cap* gener" of Virgi"^ send Greeting in our Lord God ever-
lasting whereas by instructions from the Kings most Excellent Maj'-'
directed to mee & y' Councill of state, his Ma'^ was graciously pleased to
Authorize mee the s** Govern'' and Councill to grant pattents & to assigne
sucli proportions of Land to all Adventur' & planters as have beene
usuall heretofore in the like cases, either fir Adventurers of money or
Transjiortacon of peojile into this Collony, Acc<jrdinge U> A Charter of

COLONIAL RECORDS. 63

Orders from y" late Treasurer tt C'ompaiiy, & that the same proporcon
of ffifty Acres of Land l)ee granted and assigned for every person Trans-
ported hither sine Midsumer ] 625 ct that the same conrse bee continued
to all Adventurers & ])lanters until itt shall hee otherwise determined by
his Ma'\ Now Know yee that I y' s* S'' W" Berkley Kn' &" doe with
the consent of the Councill off state accordingly Give & grant LTnto INI''
John Harvey Two hundred ct tfitty acres (if Land lying on the River of
Carolina begining att & marked Red oake on y'' River side by Rodger
William's Land ct runing downe the s"* River to A marked pine, then
Nor : Nor : East three hundred & Twenty pole, then to the miles end of
Rodger Williams his Land & soe by his Trees South West to the first
station, y" s** Land being due to the s"* John Harvey by & for the trans-
portacon of ffive persons into this Collony, whose names are in the Re-
cords mentioned und" this pattent. To have and to hold the s'* Land
w*'' his due share of all Mines and Mineralls therein conteined, w* all
rights & priviledgfes of hawking hunting ffishing & ifowling ; with all
Woods, Waters & Rivers, With all profitts, comodities and Hereditam'*
whatsoever belonging to the s** Land, to hira the s'' M'' John Harvey his
heirs and assignes for ever ; in as large & ample manner to all intents
and purposes as is exprest in A Charter of Orders from the late Treasu-
rer and Company, dated the IS**" day of Novem"" 1618 or by consequence
may bee justly collected out of the same, or out of the Letf'^ pattents
whereon they are grounded ; To bee held of our Soveraigne Lord the
King his heirs and successors for ever, at all his nianno^ of East Greene-
wich in free & Comon Soccage & not in Capite nor by Knight service
Yielding and payinge to our s** Soveraigne Lord the King his heires and
Successors for every ififty Acres of Land hereby granted yearely att
the feast of S' Micheall Th archangell the fee Rent of one shillinge,
^vhich paym' is to bee made yearely from yeare to yeare — according to
his Ma"" Instructions of the 12"' of Septem"" 1662. Provided that if
the s** Mr John Harvey his heirs or assignes doe not seate or plautt, or
cause to be planted or Seated upon the s'^ Land within Three yeares next
ensueing That then itt shall be Lawfull for any Adventurer or planter to
make theire and Seat thereupon. Given att James Citty under my hand
and the Scale of the Collony this Twenty fhtli day of Septm"^ 166.">.
And in y° ffifteenth yeare of the Reigne of our Soveraigne Lord King
Charles the Second &c WILLIAM BERKELEY

64 COLONIAL RECORDS.

To all to whom these j/sents shall come, I S' Willin Berekeley Kn'
Gov"" &c : and e-ap* Gem*" of Virginia send Greeting in our Lord God
everlasting, whereas by Instructions from the Kings most Excellent
Maj"* directed to mee & the Councell of State ; his Maj"^ was graciously
pleased to authorize mee the s** Govern'' and councell to grant pattents,
and to assigne such proportion of Land to all Adventurers & planters
as have usuall heretofore in y'^ like cases, either for Adventurers of money
or transportacon of people into this Collony according to A Charter of
orders from the late Treasurer & Company : and that the same propor-
tion of ffifty Acres of Land bee granted & assigned for every person
traiis])orted hither sine Midsumer 1625: And that the same course be
continued to all Adventurers <& plantors untill it shall bee otherwise de-
termined by his Maj"" Now Know yee that I the said S" Willm Berkeley
Kn' Gov'' &c tloe with the consent of the Councell of state accordingly
give & grant unto cap' John Jenkins Seven hundred Acres oif Land,
being a necke of Land bounded on the South with the River Carolina,
on the North with pyquomons River on the East w"" y" mouth of
pyquomons &c Carolina, & on the \^\■st with A great swamp w"''
parted this Land from Thomas Jarvis his Land, To have and to hold
the s** Land with his due there, of all Klines (the said land being due to
the s'^ John Jenkins by and for the transportacon of ffourteene persons
into this Collony Whose names are all in the record mentioned und"" this
patteut) and Miueralls therein contained, witli all rightes & priviledges
oif hunting, hawking, tfishing t\r ffowleiug, with all Woods, Waters &
River, with all prolitts, Coinodities and hereditam" whatsoever belonging
to the said Land, to him the said John Jenkins his heirs & assignes for
ever; in as ffree and ample maiuier to all intents tt purposes as is ex-
prest in a Charter of Orders from the late Treasurer & Company dated
the l!^th of Xovem'" 1618 or by consequenc may bee justly collected out
off the same, or (nit of the Letf'* patents AA'hereou they are grounded to
bee held of our Soveraigne Lord the King his heires and Successors for
every ffity acres for ever, as of his Manno'' of East greenwitch in free and
comon Soccage & not in Capite nor by Kn'' service. Yielding and pay-
Inge to our s'' Soveraigne Lord the King, his heirs and Successors for
cverv ffifty acres of land hereby granted, yearly att y" ffeast of S' Micheall
the Arx-hangell the ifee rent of one shilling, which paym' is to be made
vearlv from vear to year from tlie first entry of tlie Survey it rights in the
Secretaries office l:)earing date w"' these presents, according to his Majes-
ties Instructions of the 12'" of Septem'' 1662 provided that if tlie *■* John
Jenkins gent* his heirs or assignes doe not seat or plant, or cause to bee

COLON! A I. TJF.CORDS. 65

planted or seated, upon the s'^ Land witliin three years next ensuing, then
it shall bee lawfuU for any Adventurer or planter to make choice & seat
thernpon. Given att James Cyttie under my hand & the seal of the
Collony this 25"" day of Septem'' 1663. And in the ffifteenth year of
the reigne of our Soveraign Lord King Charles the Second &c.

WILLIAM BERKELEY

To all to whom these p'sents shall come I S" Willfn Berkeley Kn*
Gov'' and cap' Gener" of Virg* send Greeting in our Lord God everlast-
ing whereas by instruccos fri>m the kings most Excellent Maj'" directed
to mee & the Councill of State his Maj''" was graciously pleased to author-
ize mee the s* Govern'' & Councill to grant pattents and to assigne such
proportions of Land to all adventurers & planters as have been usuall
heretofore in the like cases, either for adventurers of money or transpor-
tacon of people into this Collony according to a Charter of Orders from
the late Treasurer & Company & that the same proporticon of ffifty Acres
of Land bee granted and assigned for every person transported hither Sine
midsumer 1625. And that the same course bee continued to all Adven-
turers & plantors untill it shall bee otherwise determined by his Ma""
Now Know yee that I y' said S' W" Berkeley Kn' &c doe with the con-
sent of the Councill of state accordingly give & grant unto M"" Thomas
Relfe seven hundred & fifty Acres of Land lying on the South- West
side of paspatanck River, begining at a small marked C*ypress att the
mouth of a swamp & runing l)y Thomas Keele his land into the wood
so West & by West 320 pole then Nor: West & by No: 375 pole, then
Nor: East & by East to a marked Cypress in the Codd of A Bay being
one of JNI'' fiersons marked trees and so along the Bay to the point in the
River, & downe the said River of pas})atanck to the first station : the s"*
land being due to him the said Th(jmas Relfe by & fi)r the transportacon
of ffifteen persons into this Collony whose names are in the Records
mentioned und"" this pattent To have and to hold the s*^ land with his
due share of all mines & mineralls therein conteined, w"' all rights &
priviledges of hawking, hunting ffishing & Howling; with all woods,
waters & Rivers with all profitts, Comodities & hereditam*^ whatsoever
belonging to the said Land to him the s* Thomas Relfe his heirs &
assignes for ever : In as large cK: ample manner to all intents & purposes
as is exjirest in a Charter ott' orders from the late Treasurer & Company ;
dated the 18"" of Novemb'' 1618 or by consecpienc may bee justly col-
lected out of the same, or out (if the I^etters pattents whereon they are
5

66 COLONIAL RECORDS.

grounded. To bee held of our Sovereigne Lord the King his heirs &
successors for ever, as of his maunor of East Greenwieli in free & eomon
soccage, & not in capite, nor by Kn*^ service. Yielding & paying to our
s'* Sovereign Lord the King his heirs and Successors for every ffifty acres
of Land hereby granted yearly at the feast of S' Michael the Archangell
the ftee rent of one shilling, which payni' is to be made yearly from year
to year according to his Ma*'"^ instructit)ns of tlie 12"' of Septem'' 1662.
Provided that if the s"* Thorn* Relfe his heirs or assignes doe not seat or
plant, or cause to bee planted or seated upon the s* Land within thi'ee
years next ensuing, That then itt shall bee lawfull foi- any Adventurer
or plantor to make choise & seat thernjwn. Given att James Citty
under my hand & the seal of the Collony this 25"' day of Septem'' 1663.
And in the ffifteenth year of the reigne of our Soveraigne Lord King
Charles the Second &c

WILLIAM BERKELEY

To all to whom these presents shall come I S'' William Berkeley Knight
Governo" and Cap* Generall of Virginia, send greeting in our Lord god
everlasting, whereas by Instructions from the Kings most Excellent Maj-
esty directed to mee and the Counsell of State, his Majestic was Gra-
tiously pleased, to Authorize mee the s* Governo'' and Councell to grant
Pattents, and to Assigne such proportion of Land to all Adventurers and
planto''* as have been usuall Heretofore In like Cases Either for Adven-
ture'" of money or Transportation of People Into this Collony, according
to a Charter of orders ffrom the late Treasurer and Company, and that
the same proportion of fifty Acres of Land be granted and Assigned for
Every person transported hither since Midsummer 1625, and that the
same Course be Continued to all Adventurers and plant''* untill It shall
be otherwise determined by his Majesty, Now Know ye that I y" s*^ S"^
William Berkley Kn' Governo' &c : doe w"' tlie Councell of State, Ac-
cordingly give and grant, unto George Catchmeyd of Treslick Gen"
ffifteen hundred Acres of Land Lying In A bay of y" River Carrolina
begining at the mouth of swamp w* parts his Land from Cap* Jenkins
Land, and soe up the River of Carrolina to a small Ci'eek, and up the
said Creek Ifrom the River of Carrolina north and be west 320 poles then
East and be north 750 poles towards the head of the said swamp by y''
River of pequimmin, and soe downe the said swamp by Cap* Jenkins
Land to the first Station, the said Land being due unto y" s^ George
Catchmeyd by and for the Transportation of thirty Persons Into this

COLONIAL RECORDS. 67

CoUony wliuse nuiiie.s are all oiio I lit' Records mentioned under this Pat-
tent, To have and to hold the s"" I^and with all his due shares of all mines
and mineralls therein Contained, with all Rights and priviledgesofluint-
ino- hawking fishing and t'oMling, with all Wo<.)ds and waters and
Rivers, with all profits Coinodities and hereditaments wliatsoever
belonging to the said Land, To him the said (ieorge Catchmeyd
his heirs and assignes for ever, In as free and ample manno""
to all Intents and Purposes, as is Expressed in a Charter of orders, from
the late Treasurer and Company Dated 18"" November 1618 or by Con-
sequence may be Justly Collected out of y'^ same, or out of the Letters
Pattents whereon they are Grounded to be held of our Sovereigne Lord
the King his heirs and successors, fitbr every fifty acres for ever as of his
manno'' of East Greenwich In free and Common Soccage, and not In
Capite nor by Kn' Service, yielding and Paying to on'' Sovereign Lord
y" King his heirs and successors, for every fhfty Acres of Land hereby
Granted yearly at the feast of S' Michaell the Archangell, the ffee Rent
of one shilling, which payment is to be made yearly from yeare to yeare
ffrom y^ first Entry of y" siu'vey and Rights In the Secretaries office
bareing date with these presents according To liis Majesties Instnictions
of y* 12'" of Septem*"' 1662 provided that If the said George Catchmeyd
Gen" his his heirs or assignes doe not seate or plant, or Cause to be seated
or planted upon y^ said Land, within three years next Insuing, then It
shall be Lawful for any Adventurer ov Planto'' to make Choyce and seat
thereupon. Given at James Citty under my hand and seale of y' Collony
this 25"' of Sep"' 1663 and In the fifteenth yeare of y' Reigne of our
Sovereign Lord King Charles y' Second &c :

WILLIAM BERKELEY.

REPORT OF COMMISSIONERS SENT FROM BARBADOES
TO EXPLORE THE RIVER CAPE FEAR, IN 1663.
f

[Reprinted from Lawson's History of North Carolina, p. 113.]

From Tuesday, the 29"' of September, to Friday, the 2'' of October,
we ranged along the shore from lat. 32 deg. 20 min. to lat. 33 deg. 11
min., but could discern no entrance for our ship, after we had passed to
the northward of 32 deg. 10 min. On Saturday, October 3, a violent
stfirm overtook us, the wind between north and east ; which easterly

68 COLONIAL RECORDS.

winds and Ibid weather continued till Monday the 12*''; by reasons of
which storms and foul weather we were forced to get oflF to sea, to secure
ourselves and ship, and were driven by the rapidity of a strong current
to Cape Hatteras, in lat. 35 deg. 30 min. On Monday the 12''', afore-
said, we came to an anchor in seven fathoms at Cape Fair Road, and
took the meridian altitude of the sun, and were in lat. 33 deg. 43 min.,
the wind still continuing easterly, and foul weather till Thursday the
I'S***; and on Friday the IG**", the wind being at N. W., we weighed and
sailed up Cape Fair River some four or five leagues, and came to an
anchor in six or seven fathom, at which time several Indians came on
board, and brought us great store of fresh fish, large mullets, young
bass, shads, and several other sorts of very good, well-tasted fish. On
Saturday the 1 7"', we went down to the Cajje to see the English cattle,
but could not find them, though we rounded the Cape. And having an
Indian guide with us, iiei'e we rode till October 24"". The wind being
against us, we could not go up the river with our shiji ; but went on
shore and viewed the land of those (piarters.

On Saturday we weighed, and sailed up the river some four leagues or
thereabouts.

Sunday the 25"" we weighed again, and rowed up the river, it being
calm, and got uj) some fourteen leagues from the harbor's mouth, where
we moored oiu* ship.

On Monday, October 26"^, we went down with the yawl to Necoes, an
Indian plantation, and viewed the land there.

On Tuesday the 27"" ; we rowed up the main river with our long boat
and twelve men, some ten leagues or thereabouts.

On AVednesday the 28*, we rowed up about eight or ten leagues more.

Thursday the 29"' was foul weather, with much rain and wind, which
forced us to make huts and lie still.

Friday the 30**" we proceeded up the main river seven or eight leagues.

Saturday the 31^', we got up three or four leagues more, and came to
a tree that lay across the river ; but because our provisions we almost
spent, we proceeded n(j further, but returned down\\'ard before night ;
and on Monday, the 2'' of November, we came aboard our ship.

Tuesday the 3'' we lay still to refresh ourselves.

On ^^^ednesday the 4"", we went five or six leagues up the river to
search a branch that run dut of the main river toward the northwest. In
which we went up fiNc or six leagues; but not liking the land, returned
on board tluit night about midnight, and called that place Swampy
Branch.

Thursday, November 5"', we stayed aboard.

COLONIAL RECOEDS. 69

On Friday the 6"', we went up Green's River, the mouth of it being
against the phice at which rode our ship.

On Saturday the 7"*, we proceeded up the said river, some fourteen or
fifteen leagues in all, and found it ended in several small branches. The
land, for the most part, being marshy and swamps, we returned towards
our shi]>, and got aboard it in the night.

Sunday, November the S"', we lay still ; and on Monday the 9"" went
again up the main river, being well stucked with provisions and all
things necessarv, and proceeded upward till Thursday noon, the 12"", at
whicli time we came to a place where were two islands in the middle of
the river; and by reason of the crookedness of the river at that place,
several trees lay across both branches, which stopped the passage of each
branch, so that we could proceed no further with our boat; but went up
the river side by land some three or four miles, and found the river
wider and wider. So we returned, leaving it as far as we could see up, a
long reach running N. E., we judging ourselves near fifty leagues north
from the river's mouth.

We saw mulberry-trees, multitudes of grape-vines, and some grapes,
which we eat of We found a very lai-ge and good tract of land on the
N. W. side of the river, tliin of tindjer, except here and there a very
great oak, and full of grass, conunonly as high as a mans middle, and in
many places to his shoulders, where we saw many deer and turkeys ; one
deer having verv large horns and great body, therefore called it Stag-
Park.

It being a very pleasant and delightful place, we travelled in it several
miles, but saw no end thereof So we returned to our boat, and pro-
ceeded down the river, and came to another place, some twenty-five leagues
from the river's mouth on the same side, where we found a place no less
delightful than the former; and, as far as we could judge, both tracts
came into one. This lower place we called Rocky Point, because we
found many rocks and stones of several sizas upon the land, which is not
common. We sent our boat down the river before us, ourselves travelling
by land many miles. Indeed we were so much taken with the pleasant-
ness of the country, that we travelled into tlic woods too far to recover
our boat and company that night.

The next day, being Sunday, we got to our boat; and on Monday, the
1 G"* of November, proceeded down to a place on the east side of the river,
some twenty-three leagues from the harbor's mouth, which we called Tur-
key Quarters, because we killed several turkeys thereabouts. We viewed

70 COLONIAL RECORDS.

the land there and fonnd some tracts of good gronnd, and high, facing
upon the river about one mile inward; but backward, some t\\c) miles,
all pine land, but good pasture-ground.

We returned to our boat and proceeded down some two or three leagues,
where we had formerly viewed, and found it a tract of as good land as
any we have seen, and had as good timber on it. Tlie banks on the river
being high, therefore we called it High Land Point.

Having viewed that we proceeded down the river going on shore in
several places on l)oth sides, it being generally large marshes, and many
(if them dry, that they may more fitly be called meadows. The wood-
land against them is, for the most part, pine, ami in some places as barren
as ever we saw land, but in other places good pasture ground.

On Tuesday, November the IT"" we got aboard our ship, riding against
the mouth of Green's .River, where our men were providing wood, and
fitting the ship for sea. In the interium we took a view of the country
on both sides of the river there, finding some good land, but more bad,
and the best not comparable to that above.

Friday the 20"' was foul weather ; yet in the afternoon we weighed
went down the river about tNvo leagues, and came to an anchor against
the mouth of Hilton's River, and took a view of the land tliere on both
sides which appeared to us much like that at Green's River.

Monday the 23**, we went with our long-boat, well victualled and
manned, up Hilton's River ; and when we came three leagues or there-
abouts up the same, we found this and Green's River to come into one,
and so continued for four or five leagues, which makes a great island
betwixt them. We proceeded still up the river till they parted again ;
keeping up Hilton's River, on the larboard side, and followed the said
river five or six leagues further, where we found another large branch of
Green's River to come into Hilton's which makes another great island.
On the starboard side going up, we proceeded still up the river, some
four leagues, and returned, taking a view of the land on both sides, and
then judged ourselves to be from our ship some eighteen leagues W. and
by N. * * * * * * *

Proceeding down the river two or three leagues further, we came to a
place where there were nine or ten canoes all together. We went ashore
there and found several Indians, but most of them were the same which
had made peace with us before. We stayed very little at that place but
went directly down the river, and came to our ship before day.

Thursday the 26"' of November the wind being at south we could not
o-o down t(i the river's mouth ; but on Frida}' the 27"" A\-e weighed at the

COLONIAL RECORDS.

mouth of Hilton's River, and yot down a league towarils^ the harbor's
mouth.

On Sunday the 29*'' we got doMU to Crane Island, which is four leagues
or thereabouts above the entrance of tlie harbor's mouth. On Tuesday
the 1" of December, we made a jMU'chase of the river and land of Cape
Fair, of Wat Coosa, and such otlici- Indians as appeared t() us to be the
chief of those parts. They l)ri)Uglit us store of frcsji fish alxtard, as
mullets, shads, and other soi-ts, ver\- good.

'i^ * t- ■■:■ t- :':- ;;; *

\\'hereas tliere was a writing left in a post, at the point of Cape Fair
River, by those Xew England men that left cattle with the Indians there,
the contents whereof tended not only tti the disparagement of the land
about the said river, but also to the great discouragement of all such as
should hereai^er come into those parts to settle. In ans\\'er to that scan-
dalous writing, we, whose names are underwritten, do affirm, that we
have seen, facing both sides of the river and branches of Cape Fair afore-
said, as good land and as ^\ell timl)ered as any we have seen in any other
part of the world, sufficient to accommodate thousands of our English
nation, and lying commodiously by the said river's side. On Fridav
the 4* of December, the wind being fair, we put out to sea, bound for
Barbadoes; and on the 6"' of February, 1663-4, came to an anchor in
Carlisle Bay — it having pleased God, after several apparent dangers
both by sea and land, to bring us all in safety to our long wished for
and much desired port, to render an account of our discoverv, the veritv
of which we do assert.

ANTHONY LONG.

WILLIAM HILTON.

PETER FABIAN.

1664.

[B. P. R. O. Lol; Ent: Book. No. 20. p. 17.]

Edward Earle of Clarendon Lord High Chancellor of England, George
Duke of Albemarle, C'aptain Generall of all his Majestie's Forces, in the
Kingdomes of England, Scotland and Ireland, and Master of the Horse,
William Lord Craven, John Lord Berkeley, Anthony Loi-d Ashlev,

72 COLONIAL RECORDS.

Chancellor of the Exchequer, Sir George Cartrel, Vice Chamberline of
his Majestie's laousehold, Sir William Berkeley kniglit and Sir John
Colleton knight and Barronet, The trew and absolute Lords Propryators
of all the Province of Carrolina ;

To our Trusty & well beloved Rol)' Samford Greeting :

Wee being well assured of your wisdome jirndence and integrity, have
thought fitt, and doe by these presents nominate, constitute and appoint
you our Secrytary and Chiefe Register for our County of Clarendon in
the Province aforesaid hereby authorizing you and giving you full power
to be present at all meetings, of our Governor and Privy Councell, of
the said Couutv, and to take and keepe, an exact register, of all there acts,
orders and constitutions, as alsoe to receave from our Surveyoi" Generall
of the County aforesaid all certificates of Lands, by him leyed out and
surveyed, either for us in partic«ular, or for any other persons according
to warrants from our Governor and Councell or the Major parte of them ;
and the same certifficates carefully to register and fyle in your office, and
there upon by virtue of such warrant as you shall receave, from our said
Governor and Councell or the Major parte of them ; to draw up such
lease or leases, conveyance or assurances of Land fi-om us and in our
name, as shall accord with the said Certificate, and the fi)rme of Assur-
ances by us prescribed, which being syned Iw our Governor and Councell
or Major parte of them, and sealed with (Uir Scale of the said County,
according to our said Prescriptions, you shall carefully inroll the same,
in your said office, that recourse may be there unto had on all occasions,
and these and all other act and acts, thinge and things, which doe and
shalbe longe and appertayne to the office of our Secretary and register
within our said County, you are faithfully to doe and performe, according
to such orders and constitutions as you shall receave from us, or our
Governor, or our Governor and Councell or the Major parte of them, to
the best of vour judgement and skill, and for your doeing the same, or
any of them, you shall receave such salleryes, fees and perquisites, as by
us and our General! Assembly of the said County shalbe appointetl and
none other. Given under our greate Scale of our said Province, the
fowerteenth day of November in the yeare of our Lord, one thousand,
six hundred, sixty and fower.

COLONIAL RECORDS.

[B. P. R. O. Col: Ent: Book. No. 20. p. 17. 18.]

Edward Earle of Clarendon Jjord Hioh Clianccllor of England,
George Duke of Albemarle &e. The trew and absolute Ijords Proprya-
tor.s of all the Province of Carolina.

To our Trusty and well beloved John Vassall, Greeting;

Wee being well assured of your Avisdonie, prudenee and integrity, have
thought titt and doe by these presents nominate, constitute and appoint
you our Surveyor Generall of oin- County of Clarendon in the Province
aforesaid by yourselfe or such as you shall depute and appoint to ley out,
bound and survey all allotments of Land, Generall or purticuler, pub-
licke or private, wheather relateing to us particculerly or to other persons
per graunte from us, according to such warrants and directions as you
shall from time to time receave from our Governor and C'onncell of our
said County or the major parte of them, as alsoe trew certificates to make
of the scituations, boiuids, cpiantities and Lines of all Lands soe leyd out
mentioning the persons for wliome, and the order you receaved for your
soe doeing, which Certificate you shall direct to our Secrytary, and reg-
ister of the said County for the time being that he may enter and fyle
the same, and these and all other act and acts, thinge and things which
doe or shall belong and appertayne to the office of our Surveyor Generall,
within the said County, you are faithfully to doe and performe (accord-
ing to such orders and Instructions as you shall receave from us, or our
Governor, or our Governor and Councell, or the major parte of them) to
the best of your Judgement and skill and for your doeing the same or
any of them, you shall receave such salleryes, fees and perquisites as by
us and our Generall Assembly of the said County shalbe appointed and
none other. Given under our Greate Seale of our said Province, the
fower and twentith day of November, in the yeare of our Lord 16G4.

[B. P. R. O. Colonial Papees. Vol. 18. p. 148.]

AT THE COURT AT WHITEHALL.

The 25"' of November 16rt4

PRE.SENT.

The Kings Most Excellent Majesty.
The Arch Bish : of Canterb : Earl of Bathe.

Lord Treasurer. Earl of Ijanderdail.

6

74 COLONIAL RECORDS.

Lord Privy Seale. Lord Bish : of London.

Duke of Buckingham. Lord Wentvvorth.

Duke of Ormond. Lord Berkley.

Lord Great Chamberlain. Lord Ashley.

Earl of Berkshire. M'' Secretary Bennet.

Earl of Anglesey. S'' Edward Nicholas.

Whereas a Petition was presented to his Majesty by Colonell Moryson
Agent for the Colony of Virginia in the Name of the governor., Conn-
cell, and Burgesses there giving an Account of their proceedings upon
his Ma*'*' Instructions for Commissioners to be nominated for the Plan-
tacons of Virginia, and Maryland to meet, and hear of the most conve-
nient way of lessening the Quantity of ToIkxcco in those Plantacons
which being read at the board it was ordered the lO*** of August last
that y' Lord. Balteniore, Lord, and Proprietary of Maryland, should
have a Copy of the said peticon, and both Partyes he heard, at the Board
the first Couucell day after Michaelmas, and accordinly upon the 5"' of
October the said busines was resumed, and after hearing the debates on
both sides their Lo''^ did then order that the Lord Baltemore, Colonel
Moryson, S"" Henry Chicheley Knight, Edward Digg's, and John Jef-
freys Esq", and others concerned in the Colony of Virginia Should meet
to consider of, and frame an Agreement between themselves, and that if
they could not joyntly agree thereupon then each party to dra^v up dis-
tinct Proposalls, and deliver them to the Board, that the Lords Com-
mittees of Plantacons might be desired to meet, and consider thereof,
and Report their opinions to his Majesty whereupon no Agreement being
Settled between them, the said Colonell IMoryson, S' Henry Chicheley,
Edward Digg's, and John Jeffreys did upon the 16"' present deliver in
Proposalls which they conceived conducible to the good of Virginia, and
the Lords Committees taking the same into serious Consideracon on the
19"" Instant, and having fully heard the Lord Baltemore, and S' Henry
Chicheley, Colonell Moryson, M'' Diggs, and M'' Jeffreys, touching the
said Proposalls, and Consulted with the Farmers of his Ma*'*^ Customs
thereupon their Lo**"" thought fitt humbly to represent to his Majesty.

1. First, That the Proposall touching a Cessation, stint or limitation
of planting Tobacco in the said Plantacons is inconvenient lioth to the
Planters and to his Ma*'**" Customes.

2. That the Proposall for limiting a time for Ships to return from
Virginia or Maryland will be prejudicial both to y" Planters and his
Ma""' Customes.

COLONIAL RECORDS.

3. For iufourageincnt of Plantfi's in tlic said Colonics to apply them-
selves to the Planting other Coniodities which may be of more benefit
than Tobacco, his ]\Ia'^' wonld be pleased to permit that all the Hemp,
Pitch and Tarr of the growth, Prodnction or inannfacture of Virginia
and Maryland, whicli should be brought into this Kingdome, for the
space of 5 years from the date hereof might be Custome ffree.

Which report being read at the Board his Ma*^' present in Councill,
and concurring In all particulars with y*' Lords of the said Comiuittee
did order that there should be noe cessacon, stint, or limitation imposed
on the planting tobacco in Virginia, or Maryland, nor any time limited
for ships to come from either of tluise Plantacons, but every trader thither
to be ffree to return thence at his own time, and as his occasions should
serve, and his Ma'^' of his Princely grace and favour being desirous to
give all encouragement to the Planters of both Colonies, did direct that
the Right Hon'''^ the Earl of Southampton Lord High Treasurer of
England, and Lord Ashley Chancellor, and under Treasurer of the
Exchequer, should give directions to the officers, and ffarmers of his
Majesties Customes for y' time being to permitt, and suffer all the hemp,
Pitch and Tarr, of the growth, production and Manufacture of the said
Plantacons of Virginia and Maryland, that shall be brought into the
Kingdome during the space of five years from the date hereof to be freely
imported, and unladed without demanding or receiveing any Custome, or
Imposition for the same. Provided that Care be taken by his Ma''"
officers that under pretence hereof his Majesty be not defrauded of his
Dues and Customes, on any Pitch, Hemp or Tarr, which is not of the
growth. Production, or Manufactui"e of these Plantacons.

JOHN NICHOLAS.

1665.

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 3.]

Articles of Agreement had and made betweene Edward Earle of Clar-
endon Lord High Chancellor of England George Duke of Albemarle
Ma,ster of his Maj""' Horse and Captain Gen : of all his Forces, William
Lord Craven John Lord Berkelev Anthonv Tjord Ashlev Chancellor of

76 COLONIAL RECORDS.

his Maj""^ Hxehe({uor S'' George Carteret K' and BaiToiiet Vice Cliam-
berline of liis Maj*'^^ Household S'' John Colleton K' and Barr" and S''
W" Berkeley K' the Lords Proprief^ of the Province of Carolina of the
one part And Maj'' W"" Yeamans of Barbados for and on the behalfe of
S"" John Yeamans Barr" his Father CoUonell Edmund Reade Symon
Lambert Niceolas Edwards Robert Gibbs Samuell Tidcombe Henry
Milles Thomas Lake Tho: Maycoke John Somerhayes Bartholomew-
Roes John Gibbs Basill Gibbs John Dickenson Thomas Gibbs Benjamin
Rees Miles Scottow Nathanyell Meazcricke Bartholomew Rees Juno'
John Arthur Samuell Smith Tliomas Partrige John Walice John Brent
John Godfrey Get)rge Thompson Rob' Williams Lawrence Halske W"
Burges Joliu Tothill James Thorpe Rob' Tothill W" Forster Thomas
Merricke John Merrieke George Phillips Edward Jacobs Rob' Hackett
Beniamin Waddon Rob' Johnston Thomas Dickes Tho : Clutterhooke
John Forster \A111 : Sharpe Jolm Ham John Start Matliew Grey John
Kerie Richard Baily Edward Thorneburgh Thomas Liston Anthony
Long Thomas Norvill Giles Hall James Norvill Will" Woodhouse Jacob
Scantlebury Samuell Ivambart John Forster William Byrdall Richard
Barrett Edward Yeamans John Killicott Isaac Lovell Thomas Clarke
John Woode John Bellomy John Greenesmith Rob' Breoitir Thomas
Dowden Niceolas Browne John Wilson Rob' Sinckter Thomas Perkins
James Thorpe Rob' Richards Benjaraine Hadlnt Christopher Goupher
James Walter James Haydensen W" Birdall Mordecai Bowden Juin(/
George Nore Humphrey Waterman and himselfe Adventurors to and
Setlers of some part of the Province aforesaid and of all others that
shall adventure settle and plant in the said Province of the other part as
followeth ;

Whereas the said Major William Yeamans is Imployed to the said
Lords Propriato'* by the persons above mentioned and by them declared
under theire liands to be their Agent and Representative and that they
have given him full power to treate propose and conclude with the said
Lords about all matters relating to that which they have allready done
as alsoe to wliat shalbe necessary and convenient to be done obligeing
themselves and tlieir posterityes to accept of, stand to, and abide by what-
soever the said Majo'' William Yeamans shall conclude of and agree upon
in relation to the Setlement of Carolina or any jjarte thereof, Now in
pursuance (^f the power &c given to the said Ma,io'' W"^ Yeamans by tlie
parties above menconed. These present Articles doe witnes And it is
covenanted graunted and agreed by and between the said jjartyes as fol-
loweth,

COLONIAL RECORDS.

Imp"' Tlie «iitl Jjortls for tlieir parts their 'lieires Execat"* and Ad-
ministrate doe covenant and promise to performe I'ullill and keepe all
the Concessions and particnlers that are to bee by them performed and
keept nienconed in the Concession and agreem" hereunto annext c(jntayn-
ing the man'' of Government w"' several! Ifilunities and priviledges
granted to all such persons as shall goe or send to plant or as are already
planted in the respective Countyes or Collonys in these Province of
Carolina.

Item The Lords doe further covenant and proniis that they will cause
to be sliipt before the first day of February next twelve peeces of Ordi-
nance with Carr'^ges Saddles Spiinges and shott convenient and necessary
and twenty barrels of powder one hundred fierlocks and one hundred
Alatchlocks w"" Leatle and Bullets fitting as alsoe two hundred pare of Ban-
dalyers for y" Armeing and Providing of a Foart to be erected and built
neare Port Royall or neare some other harbour River or Creeke whose
mouth or Entrance is Southward or Westward of Cape Romania in the
Province aforesaid by the Respective Adventurers before menconed or by
any others under their Authority.

Item The Lords doe further covenant that every one of the Adven-
turers of the Island of Barbados and their associates of England New
England the Le\\'ard Islands and Barmothos that hath subscribed and
paid or shall subscribe and pay within forty days after notice of this in
the Barbados, and the other places unto the Treasurer or Treasurers ap-
pointed or to be appointed by the Comittee choosen or to be choosen by
the adventurers that are or shalbe to receave the same for the defraying
the charge of carrying people that cannot pay for the transportation of
themselves to port Royall or some Harbour River or Creeke whose mouth
or Entrance is to the Southward or westward of Cape Romania and for
y" making of soiue Fortification therefor and towards a setlement of those
and other people in that place, and for other Nessessary Charges concern-
ing the setlement aforesaid And shall send such proporcons of men Armed
and provided as their owne C'omittee shall agree upon in the first ship or
shipes that shalbe sett forth to begin a setlement there, shall have Graunted
to them and their heirs for ever for every thousand pound of sugar sub-
scribed and paid five hundred acres of land and soe in proportion for a
greater or lessor some subscribed and paid as aforesaid to be taken up
within five years after the date hereof and settled as other Lands are to
be setled viz' with an able man ^Vrmed with a good Firelocke boare
twelve Bullets to the pound Tenn pounds of powder and twenty poiuuls
of Bullets with six Monthes provision within (jnc yeare after y' takeiug

78 COLONIAL RECORDS.

U}) of the said Land whtcli Land shalbc taken up to tlie Sontli or West-
ward of Cape Romania and by Lotts as is proposed and pre.scril)ed in
tlie General! Concessions and Agreements concerning the setlement of the
respective Countyes in the said Province And shall pay one halfe penny
ster^ for every acre English measure yearely in manor as in the Conces-
sions hereunto annexed.

Item The Lords doe further covenant and promis tliat whoever shall
goe or send in the first Fleete w*"* Coll : John Yeamans he fayling with
the first Govern' or Deputy Govern" shall have for his own head one
hundred and fifty acres of land to him and his heires for ever English
measure And for every able man servant he or shee shall carry or send
armed and jn'ovided as aforesaid one hundred and fifty acres of land like
measure, and to every such servant after the expiration of his or their
time seaventy five acres of Land to be taken up by Lots as aforesaid in
the place before menconed And to every other Sarv' that shall there goe af-
ter the first fleete such qnantvties as in the Generall Declaration is exprest,
upon \\'hich hinidred and fittv acres of land lie shalbe obliged to keepe
one able man and noe more and in fayler thereof to forfeite the same as
in the Generall Concessions and agreement is exprest for which land
there slialbe reserved yearlie to the Lords their heires and assignes one
halfe pennv "^ acre English measure to be paid in manner, as for other
Ijands in the Concessions menconed.
In consideration whereof

The said Maj"^ Will : Yeamans doth covenant as well on the behalfe
of his Father S"" John Yeamans Bar" and of Coll : Edmund Reade and
of all the adventurers settlers and planters befoi-e exprest and of all
others that shall adventure setle and plant as of himselfe that they shall
for their pte perform fulfill and keepe all y" the particulers that are to
bee by them performed menconed in the Concessions and Agreement
hereunto annexed And that there shall be provided before the last day
of September next two shippes of one hundred and twenty tonus each
of them at least with Ordinance convenient in each shipp and with pow-
der shott and provisions necessary for the transportation of such persons
as cannot pay for the passage of themselves to the Southward of Cape
Romania there to setle and plant and to erect a foart and in it to plant
the Artilliry sent by the Lords afores'* for the retreate and preservacon of
the first settlers and of those tliat shall follow In witness of truth tlie
said Ma,]' Wm. Yeamans hath hereunto set his hand and Seale this sev-
enth day of January In tlie sixteenth yeare of his Maj"°^ rayne Anno.
Dom: 1664.

COLONIAL RECORDS. 79

The Concessions and Agreement of the Lords Propryators of the
Province of Carolina to and with tlie adventurers of the Island of
Barbados and their associates of England NeSv England the Carrib-
bia Islands and Barniothos to the Province of Carolina and all that
shall plant there In order to the setling and planting of the Countye of
Clarendine the County of Albemarle and the County which latter

is to bee to the southward or westward of Cape Romania all within the
Province aforesaid.

1 . Imp"' Wcc doc consent and agree tiuit the Governor of each County
hath power by the advice of his Councill to depute one in his place and
Authority in case of death or removall to continue untill our furthci-
order unless wee have commissionated one before.

2. Item That he hath likewaycs power to make clioyce of and to take
to him six Councillors at least or twelve at moast or any even Number
between six and twelve with whose advice and <^onseut or with at least
three of the six or fower of a greater Number all being sumoned he is to
govern according to the Ijymitacons and Instructions following during
our pleasure ;

3. Item That the chiefe Registers or Secretarys which wee have
chosen or shall chuse wee fayling that hee shall chuse shall keejie exact
enteryes in taire bookes of all publickc att'ares of the said Countyes and
to avoyde deceiptes and lawsuits shall reconl and enter all Graunts of
Land from the Lords to the planter and all conveyances of Land howse
or howses from man to man, As alsoe all leases for Land howse or howses
made or to be made by the I^andlord to any tennant for more than one
yeare which conveyance or Lease shalbe first acknowledged by the
Grant' or Leaso'' or proved by the oath of t\\() witnesses to the convey-
ance or Lease before the Governor or some Chiefe Judge of a Court for
the time being whoe shall luider our hand us grant upon the backside of
the said deede or Lease attest the acknowledgement or proofe as afore-
said which shalbe our grant for the Registers to record the same which
Conveyance or Lease soe recorded shalbe good and eflt'ectuall in Law not-
withstanding any other conveyance deede or Lease for the said Land
howse or howses or for any part there although dated l)efore the Convey-
ance deede or Lease soe recorded as aforesaid And the said Registers
shall doe all other thing or things that wee by our Instructiorts shall
direct and y^ Governors Councell and Assembly shall ordaine for the
good and wellfaire of the said Countyes ;

4. Item That the Surveyor Gen" that wee have chosen or shall chuse
wee fayling that the Governor shall chuse, shall have power by himself

80 COLONIAL RECORDS.

or Deputy to survey ley out and bound all .such Lands as shalbe granted
from the Lords to the Planters (and all other Lands within the said
Countyes &c which may coucerne particular men as he shalbe desired to
doe) And a particuler thereof certifie to the Registers to be recorded as
aforesaid Provided that if the said Registers and Surveyors or either of
them shall soe misbehave themselves as that the Governor asid Coinicill
or Deputy Governor and Councill or the maj'' pte of them shall finde it
reasonable to suspend their Actings in their respective Imployments it
shalbe lawfull for them soe to doe untill further order from us ;

5. Item That all choise of officers made by the Governor shalbe for
uoe longer time then during our pleasure ;

6. Item That the Governors Councillors Assemblymen Secretarys
Surveyors and all other officers of trust shall s\\'are or subscribe (in a
booke to be provided for that purpose) that they will bare trew alleagance
to the King of England his heires and successors and that they wilbe
faithfull to the Interest of the Lords Propryaf'' of the said Province and
their heires executors and assignes and endeavor the peace and wellfaire
of the said Province and that they will trewly and faithfully discharge
their respective trusts in their respective offices and doe equall justice to
all men according to their best skill and judgm' without corruption favor
or affection, and the names of all that have sworne or subscribed to be
entred in a booke; And whosoever shall subscribe and not sware, and
shall vyolate his promis in that Subscription shall)e lyable to the same
punishm' that the persons are or may be tliat have sworne and broken
their oathes;

7. Item That all persons that are or shalbecome subjects to the King
of England and sware or subscribe allegiance to tlie King and faithful-
ness to the Lords as above shalbe admitted to plant and become freemen
of the Province and enjoy the freedomes & Imunityes hereafter exprest
untill some stop or C'ontradiccon be made by us the Lords or else by the
Governor CV)uncill and Assembly w"'' shalbe in force untill the Lords see
Cause to the Contrary provided y' such stop shall not anywayes preju-
dice y^ right or Continewance of any person that hath lieene rec'* before
such stop or order come from the Lords or Gen" Assembly.

8. Item That noe person or persons quallifyed as aforesaid within the
Province (jr all or any of the Countyes before exprest at any time shalbe
anywayes molested punished disquieted or called in question for any dif-
ferences in opinion or practice in matters of religious concernment whoe
doe not actually disturbe the civill peace of the said Province or Coun-
tyes but that all and every such person and persons may from time to

COLONIAL RECORDS. Xl

time and at all times freely and fully have and enjoye his and their judg-
ments and contiences in matt''^ of religion throughoixt all the s** Province
they behaving themselves peaceably and quietly and not using this lib-
erty to Lycentiousness nor to the Civil) Injury or outward disturljauce
of others, any Law statute or clause couteyued or to be conteyned usage
or custom of this realme of ICngland to the contrary hereof in anywise
notw^'standing.

9. Item That noe pretence may be taken by us our heires or assignes
for or by reason of o"^ right of patronage and ])ow'' of advowson graunted
unto us by his Maj'""" Letters pattents aforesaid to infringe thereby y'
Gen" clause of Liberty of Contience aforenienconed We doe hereby
graunt unto the Gen" assemblyes of y" sev" Countyes power by act to
constitute and appoint such and soe many Ministers or preach'* as they
shall thinke fitt, and to establish their maintenance Giving Liberty be-
sides to any person or persons to keepe and mainteyne w* preachers or
Ministers they please.

10. Item That the inhabitants being freemen or chiefe agents to others
of y" Countyes afores*^ doe as soone as this our Comission shall arrive
by virtue of a writt in our names by the Governor to be for y'^ present
(untill our scale conies) sealed and syned make choice of twelve Dejjutyes
or representatives from amongst themselves whoe being chosen are to
joyne with him the s"* Governor and Council! for the makeing of such
Lawes Ordinances and Constitutions as shalbe necessary for the present
good and welfare of the severall Cr)untyes afores*^ l^ut as soone as Par-
ishes Divisions tribes or districcons of y'^ said Countyes are made that
then y" Inhabitants or Freeholders of the sev" and respective Paris^hes
Tribes Devisions or Districicons of the Countyes afores'^ doe (by our
writts under our Scale w''*' wee Ingage shalbe in due time issued) annu-
ally meete on y" first day of January and chuse freeholders for each
respective denizon Tribe or parisli to l)e y'^ Deputyes or representatives
of y'' same, which body of Representatives or y" Maj'' parte of them shall
w"' the Governor and Councill afores'' by y" Gen" Assembly of the
County for which they shalbe chosen, the Governor or his Deputy being
present unless they shall wilfully refuse in w"'' case they may appoint
themselves a president during tlie absence of the Governor or his Dep-
uty Governor.

Which Assemblyes are to have power.

1. Item To appoint their own times of meeting and to adjorne their
sessions from time to time to such times and places as they shall thinke

7

82 COLONIAL RECOKDS.

Convenient as alsoe to ascertaine y* Number of their Quorum Provided
that such numbers be not less than y^ third pte of the whole in whome or
more shalbe y' full power of the Generall Assembly (viz')

2. Item To enact and make all such Lawes Acts and Constitutions as
shalbe necessary for the well Government of y* County for w""" they
shalbe chosen and them to repeale provided that the same be consonant
to reason and as near as may be conveniently agreable to the Lawes and
Customes of his Maj'"' Kingxlom of England provided alsoe that they •
be not against y' Interest of us the Ijords Proprvators our heires
or assignes nor any of these our present concessions Espetially that they
be not against the Article for Liberty of Contience abovemenconed,
which Lawes &c soe made shall receave publication from the Governor
and Councill (but as the Lawes of us and our Gen" Assembly) and be in
force for the space of one yeare and a halfe and noe more ; Unless con-
tradicted by the Lords Propryators within which time they are to be
presented to us our heires &c, for our ratification and being confirmed by
us they shalbe in continuall force till expired by their awne Limitacon
or by Act of Repeale in like manner as afores'^ to be passed and con-
firmed ;

3. Item by act as afor&s* to constitute all Courts for there respective
County es, togeather w"' y^ Lymitts powers and jurisdiccons of y° said
Courts as alsoe y" severall ofiices & Number of Officers l^elonging to each
of the s** respective Courts togeather with there severall and respective
salleryes fees and perquisites Theire appellations and dignities with the
penalltyes that shalbe due to them for breach of their severall and
respective dutyes and Trusts.

4. Item by act as afores'^ to ley equall taxes and assessments equally
to rayse moneyes or goods upon all Lands (excepting the lands of us the
Lords Proprvators before setliug) or persons within the severall precincts
Hundreds Parishes Manors or whatsoever other denizions shall hereafter
be made and established in y^ said Countyes as oft as necassity shall re-
quire and in such manner ^s to them shall seeme most equall and easye
for y^ s* Inhabitants in order to the better supporting of the publicke
Charge of the said Goverment, and for the mutuall safety defence and
security of y" Countyes.

5. Item by act as afores*^ to erect within y"" said Countyes such and soe
many Barronyes and Manors with their necessary Courts, jurisdiccons
freedomes and priviledges as to them shall seeme convenient, as alsoe to
devide y' s"* Countyes into Hundreds Parishes Tribes or such other deni-
zions and districcons as thev shall thinke fitt and the said Divisions to

COLONIAL RECORDS. 83

distinguish by what names we shall order or direct, and in default thereof
by such Names as they please As alsoe within any part of y' said Conn-
tyes to create and appoint such and soe many ports harbours Creekes and
other places for y" convenient ladeing and unlading of goods and mer-
chandize out of shipps, boStes and other vessells as they shall see expe-
dient with such jurisdiccons priviledges and francheses to such ports &c
belonging as they shall judge most convenient to the gen' good of y* said
plautacon or Countyes.

6. Item by these enacting to be confirmed as afores'* to erect rayse and
build within the s** Countyes or any part tiiereof such and soe many
Forts Fortresses Castles Cittyes Corporacons Borroughs Townes Villages
and other places of strenkt and defence and them or any of them to in-
corporate with such Charters and priviledges as to them shall seeme good
and our Charter will permit and the same or any of them to fortifie and
furnish with such Proportions of ordinance po\v'der shott Armor and all
other weapons Ammunition and Habillaments of warr both offensive and
defensive as shalbe thought necessary and convenient for the safety and
welfare of y' s** Countyes. but they may not at any time demolish dis-
mantle or disfurnish the same without the consent of the Governor and
the Major parte of the Couucill of the County where such Forts Fort-
resses &c. shalbe erected and built ;

7. Item bv act as afores** to constitute trayne bands and Companys
with the number of souldiers for the safety strength and defence of the
said Countyes and Province and of the Forts Castles Cittyes &c to sup-
press all meutinyes and Rebellions. To make warr offensive and defen-
sive with all Indians Strangers and Foraigners as they shall see cause
and to persue an Enemy by sea as well as by land if need be out of y*
Lvmitts and Jurisdiccons of y^ s'^ County with the perticculer consent of
the Governor and under the Conduct of our I^eut : Gen : or Comauder
in Cliiefc or whome he sliall appoint.

8. Item by act as afores* to give unto all strangers as to them shall
seeme meete a Naturalizion and all such freedomes and priviledges within
the s* Countyes as to his Maj*'"' subjects doe of right belong they swear-
ing or subscribing as afores'^ w°'' said strangers soe naturallized and priv-
iledged shall alsoe have the same Imunityes from Customes as is granted
by the Kinge to us and by us to y° said Countyes and shall not be lyable
to any other Customes then the rest of his Maj"'' subjects in the s'* Coun-
ties are but be in all respects accompted in the Province and Countyes
aforesaid as the King's naturall subjects.

84 COLONIAL RECORDS.

9. Item by act as aibres" to prescribe y" quaiitityes of land which
shalbe from time to time alotted to eavery head free or Sarv' male or
female and to make and ordaine Rules for the casting of Lotts for Land
and leying out of y^ same provided y' these doe not their said prescrip-
tions exceed y*' severall proi)()rtions which are* hereby graunted by us to
all persons arriveing in y° s** Countyes or adventuring theither;

10. Item the Gen" Assembly by act as afores'^ shall make provision
for the maintenance and Support of the Governor and for the defraying
of all necessary Charges of the Goverment as alsoe that the Cunstables
of the respective Countyes shall collect the halfe penny "^ acre payable
to y'' Ijords in theire Countyes and pay y^ same to y° receavor y' y^ Lords
shall appoint to receave the same unless y* s** Generall Assembly shall
pi-escribe some other way whereby the Lords may have their rents duely
collected w"'out charge t)r trouble to them.

IL Lastly to enact constitute and ordaine all such other Lawes actes
and constitutions as shall or may be necessary for the good prosperity
and setlement of y° said Countyes excepting w' by these presents are
excepted and conformeing to Ivimitacons herein exprest.

The Governors are witji theire Councill before exprest :

1. Item to see that all Courts established by the Lawes of y' Gen"
Assembly and all Ministers and officers Civill or Military doe and exe-
cute their severall dutyes and offices resi)ectively according to the Lawes
in force and to punish them from swerveing franl the Lawes or acting
contrary to their trust as the nature of their oflence shall recjuire.

2. Item according to the constitutions of the Gen" Assembly to nom-
inate and comissionate the severall Judges, Members and Officers of
Courts wheither Majistraticall or Ministeriall and all other civill officers
as Justices Coroners <tc the Comissions and powers and Priviledges to
revoake at pleasure provided that they appoint none but such as are
freeholders in the Counties afores'* unless the Generall Assembly con-
sent ;

.3. Item according to the Constitutions of the Gen" Assembly to ap-
point Courts and officers in Cases Cryminall and to impower them to
inflict penalty es upon offenders against any of the Lawes in force in y"
said Countyes as y'' said Lawes shall ordaine wheither by fine Imprison-
ment Banishiu* corporall punishm' or to y'' taking away of member or
of Life itselfe if there be cause for it.

4. Item to place officers and soldiers for the safety strenkt and defence
of the Forts Castles Cittyes &c according to y" number appointed by
the Gen" Assembly to nominiate place and comissionate all millitarv

COLONIAL RECORDS. 85

officers under y* dignity of y" Lent : Gen" whoe is comissionated by us,
over the sev" trayned V)ands and Companys constituted by y* Gen" As-
sembly as Collonels C'apts : &c and theire comissions to revoake at pleas-
ure, y* Lent : Gen : with the advice of his Council! unless some present
danger will soe permitt him to advize to muster and trayne all y" soldiers
w^in the said County or Countyes to prosecute warr persue an Enemy
supjiress rebel'ions and me\\i:iuies as well by sea as Land and to exercise
the whole jSIillitia as fully as by our Letters pattents from the kinge wee
can impower him or them to doe Provided y' they appoint noe Military
officers but w' are freehohlers in the s"* Countyes unless y" Gen" Assembly
shall consent ;

5. Item where they see cause after condemnacon to reprieve untill the
Case may be presented with a Coppy of y" whole trvall proceedings and
proofes to y^ Lords who will accordingly eather pardon or cofnand exe-
cution of y* sentence on y** offender who is in y^ meane time to be kept
in safe custody till the pleasure of y' Lords be knowne

6. Item in case of death or other removall of any of the representa-
tives within the yeare to issue summons by writt to y" respective division
or divisions for which he or they were chosen coiuanding the freeholders
of y" same to chuse others in their steade;

7. Item to make wan-ants and to scale Grants of Land according to
theis our Concessions and the prescriptions by y* advice of y^ Gen" As-
sembly in such forme as shalbe at large set down in our Instrucons to y^
Governor in his Comission and which are hereafter expressed.

8. Item to act and doe all other thing or things y* may conduce to y^
safety peace and well Go^•ernment of y^ said Countyes as they shall see
fitt soe as they be not contrary to y" I^awes of y'' Countyes aforesaid ;

For the better security of the proprietyes of all the Inliabitants

1. Item They are not to impose nor suffer to be imposed any tax Cus-
tome Subsidy Tallage Assesment or any other duty w'soever upon any
Culler or pretence upon y'' s"* County or Countyes and the Inhabitants
thereof other then what shalbe imposed by y^ Authority and consent of
y" Generall Assembly and then only in manner as aforesaid ;

2. Item they are to take care y* land (piietly held planted and pos-
sessed seaven yeares after its being first duely surveyed by the Surveyor
Generall or his order shall not be subject to any review resurvey or altera-
tion of bounds on w' jiretence soever cu- by any of us or any offic'* or
Ministers under us.

3. Item they are to take care y' nt)e man if his Catle straye range or
graze on any ground w"'in the s* Countyes not actually approprvated or

86 COLONIAL RECOEDS.

sett out to particuler persons slialbe lyable to pay any trespass for y' same
to us our heires &c Provided y' C'ustonie of Comons 1)6 not thereby pre-
tended to; nor any person hindred from taking up and appropriating
any Lands soe grazed upon and y' noe person ])ur])osely doe suffer his
Catle to graze on sucli land.

4. Item it is our will and desire that y' Inhabitants of y^ said Countyes
and adventurers theither shall enjoye all the same Imunityes from Cus-
tomes for exporting certine goods from tliese Realmes of England &c
theither as y" Kinge hath been graciously pleased to graunt to us as alsoe"
for y* Incorragement of y" Manufaef' of wine silke oyle ollives fruite
almonds &e. menconed in the patteut have priviledge for bringing them
Custome free into any of his Maj"'' dominions for y^ same time and upon
y" same tearmes as we ourselves may by our Pattent.

And that the planting of the Countyes afores* may bee the more
speedily promoted :

1. Item The Governors are to take notice that wee doe hereby graunt
unto all persons whoe have already adventured to Carolina or shall trans-
port themselves or Sarv'' before y'' first day of January which shalbe in
y* yeare of our Lord one thousand six hundred sixty five theis fol-
lowing proporcons of land viz' if to y^ County of Clarendon one hun-
dred acres English measure to every freeman and as much to his wife if
hee have one And to every freewoman y' already is or shall arrive into
y^ s'^ County with a Sarv* or Sarv" to plant within y' Province afores'^
one hundred acres like measui-e To a ^Nlasf or ^Nlistres for every able
man Sarv' he or shee hath brought or sent or shall bring or send as afores"*
being each of them armed with a good fireli)cke or iNIatchlocke boare
twelve bullets to the pound ten pounds of powder and twenty p(nnids of
bullets w"" INIatch proportionable and victualled for six monthes fifty acres
of like measure for every weaker Sarv' hee or shee hath brought or sent
or shall bringe or send as afores*^ as woemen children and slaves above
v'' age of fowerteene yeares, And fifty acres like measure for every C'hris-
tian Sarv' y' is brought or sent within y** s'^ time to his or her proper use
and behoofe when their time of servitude is expired ;

2. Item to everv freeman and freewoman y* shall arrive in y^ s'' County
armed and provided as afores'' within the second yeare from y' first dale
of January one thousand six hundred' sixty five to y" first of January
one thousand six hundred sixty six with an intcncou to ])lanting seaventy
five acres of Land and seaventy acres for every able man Sarv' that he or
they shall cany or send armed and provided as aforesaid :

COLONIAL RECORDS. 87

3. Item for every weaker sarvant or slave adged as afores'' y' shalbe
carryed or sent theither \vithin y'' second yeare as afores* forty acres of
Land To every christian sarvant y* shall arrive y" second yeare forty
acres of Land of like measnre alter y" expiration of his servitude.

4. Item to every freeman or freewoman armed and provided as afores''
y' shall goe and arrive with an intention to plant within y'' third yeare
from January one thousand six hundred sixty six to January one thou-
sand six hundred sixty seaven fifty acres of Land like measure and for
every able man sarv' y' he or they shall carry or send within y'' s* time
armed and provided as afores* the like quantity of I^and and for every
weaker sarv' or slave adged as afin'es'' y' he or they shall ("arry or send
within the third yeare twenty five acres of I^aud and to every Christian
sarvant soe carryed or sent in the third yeare twenty five acres of Land
of like measure after the expiracon of his or their time of Sarvice;

5. Item we do hereby graunt unto all persons whoe have already ad-
ventured to Carolina or shall transport themselves or sarvants before y"
first dale of January which shalbe in y" yeare of our Lord one thousand
six hundred sixty five theis following proportions of Land If to y"
County of Albemarle eighty acres English measure to every freeman and
as much to his wife if he have one And to every freewoman y' already
is or shall arrive into y'^ s* County with a Sarv' to plant within y*^ time
afores'' eighty acres like measure To a Master or iNlistres for every able
man Sarv' he or shee hath brought or sent or shall bringe or send as
afores'* being each of them armed with a good firelock or matchlock
boare twelve bullets to y*" pound tenn pounds of jiowder and twenty
pounds of bullets w"' match proportionable and victualed for six monthes
eighty acres of like measure ami for every weaker Sarv' he oi' she
hath brought or sent or shall bringe or send as albres*' as woemen chil-
dren and slaves above the age of fowerteene yeares, forty acres like
measure And foi- every C'hristian Sarv' y' is brought or sent within
y'^ said time to his or her proper use and behoofe when their time of
Sarvitude is expired forty acres of like measure;

6. Item to every freeman and freewoman y' shall arrive in y'^ s"*
County armed and provided as afores'' \vitliin y' second yeare from y"
first day of January one thousand six hundred sixtie five to y" first day
of January one thousand six hundred sixty six w"' an intencon to plant
sixtie acres and sixty acres for every able man Sarv' y' he or they shall
carry or send Armed and provided as aforesaid ;

7. Item for every weaker Sarv' or slave adged as afores'' y' shall be
carrved or sent theither w"'in v' second veare as afores'* Thirty acres like

88 COLONIAL RECORDS.

measure To every Christian sarv' y' shall arrive y^ second years Thirty
acres of Land of like measure after y*" expiracon of his or there time of
servitude.

8. Item to every freeman and freewoman armed and provided as
afores^ y' shall goe and arrive w"' an intencon to plant w''''in y" Third
yeare from January one thousand six hundred sixty six to January one
thousand six hundred sixty seaven Forty acres of Land like measure,
and for every able man sarv' that he or they shall carry or send \v"'in y"
s^ time armed and provided as afores* y^ like quantity of land, And for
every weaker sarv' or slave adged as afores** y' he or they shall carry or
.send within y* Third yeai'e Twenty acres of Land like measure, And to
every Christian Sarv' so carryetl or sent w"'in y'^ Third yeare Twenty
acres of land of like measure after y" expiracon of his or there time of
servitude ;

9. Item we doe hereby graunt unto all persons who have already ad-
ventured to Carolina or shall transport themselves or Sarv*^ before y® first
day of January which shalbe in y** yeare of our Lord one thousand six
hund''* sixty five these following proporcons viz' to every freeman y' shall
goe w*** y* first Govern'' from y*" port where hee imbarkes (or shall meete
him at y" Randeyvous he ai)points) and from thence goe witli him to y'
southward or westward of Cape Romania w'^'in the province afores** for
y" settlem' of a Plantacon there which we name to be y" County of
Armed w"" a good muskett boare t\\'elve bullets to y° pound ^v"' Tenn
pounds of powder & Twenty pounds Bullets w"' Bandalears and match
convenient and w"" six monthes provision, for his owne person arriveing
there, one hundred and fifty acres of Land English measui'e And for
every able man Sarv' y' hee shall carry w"" him Armed and provided
as afores'* and arriveing there y" like (juantity of one hundred and fifty
acres and whoever shall send Sarv'^ at y' time shall have for every able
man Sarv' hee or they shall send armed and provided as afores* and
ariving there y° like quantity of one hundred and fifty acres and for
every weaker Sarv' or slave male or female exceeding y'' age of fower-
teene yeares which any one shall send or carry arriving there seaventy
five ateres of land and to every Christian Sarv' exceeding y" age afores**
after y* expiracon of their time of service, seaventy five acres of land for
there owne use.

10. Item to every INIasf or Mistress y' shall goe before y*" first day of
January w"*" shalbe in y' yeare of our Lord one thousand six hund'"' sixty
live one hund"' and Twenty acres of land and for every able man Sarv'
y' hee or shee shall carry or send armed and provided as afores"* and ar-

COLONIAL rp:cords.

riveing w^Hn y" time afores* y' like (piantity of one liund'''' & Twenty
acres of Land and for every weaker Sarv' or .slave male or female ex-
ceeding y" age of fowerteen yeares ariving there sixty acres of land and
to every Christian Sarv' to there owne nse and beh(n)fe sixty acres

IL Item to every freeman and freewoman y' shall arrive in y"^ s**
County armed and i)rovided as afires'' w"'in y"' second yeare from y" first
of January one thousand six hundred sixty five to y"^ first of January
one thousand six hund'''' sixty six w"' an Intencon to plant ninety acres
of Land English measure and for every able man Sarv' y* hee or shee
shall carry or send Armed and provided as afores*^ Ninty acres of Land
of like measure.

12. Item and for every weaker Sarv' or slave adged as afores'' y' shalbe
soe carryed or sent theither w"'in y'' second yeare as afores"* forty five
acres of Land of like measure, and to every Christian Sarv' y* shall
arrive y* second yeare forty five acres of land of like measure after y"
expiration of his or there time of servitude, for there owne use and be-
hoofe, all w"^ Lands soe granted in y' 9 : 10: 11 : and 12: articles pre-
ceeding and y*^ lo"" following are ment and intended to Ije taken up and
given in y' County of and not elsewhere,

13. Item to every freeman and free^voman armed and provided as
afores"^ y' shall goe and arrive w"" intencon to j)lant \v"'in y"* Third yeare
from January one thousand six liundred sixty six to January one thousand
six hundred sixty seaven armed and provided as afores'' sixty aci'es of
land like measure and for every abl(> man Sarv' y' hee or they shall carry
or send w"'in y" s*^ time armed and provided as afores'* y" like quantity
of sixty acres of land and for every weaker Sar\'' or slave adged as afores*
y' he or they shall carry or send w"'in y" Third yeare thirty acres of land,
and to every Christian Sarv* soe carryed or sent in y" third yeare thirty
acres of Land of like measure, after y^ expiracon of his or there time of
service. All which land and all other y' shalbe possessed in s'' Countyes
are to be held on y" same tearmes and Condicons as is before menconed
and as hereafter in the following Pharagraphes is more at large exprest
Provided y* all y'' before menconed Land and all other w'soever y' shalbe
taken up aiid soe setled in y' s* Province shall afterwards from time to
time for y'' space of thirteene yeares from y'' date hereof be held upon y"
Condicon afores* of continewing one able man Sarv* or two such weaker
Sarv*^ as afores'' on every hundred acres Master or Mistres shall possess
besides w' was graunted for his or her owne person, In failer of w* upon
Notificacon to y" present Occupant or his assignes, there shalbe three
yeares given to such for there ct)mpleating the sai<l Number of persons

90 COLONIAL RECORDS.

or for there sayle or other disposure of such part of there Lands as are
not soe peopled w"'in y^ time of three yeares if any j^erson holding any
Lands shall faile by himselfe his agents executors or assignes or some
other way to provide such number of persons, Unless the Gen^^ Assembly
shall without respect to poverty judge y' it was impossible for y* party
soe fayleing to keepe or procure his or her Number of Sary*^ to be pro-
vided as afores'' In such case wee y^ Lords to have power of disposeing
of soe much of such Land as shall not be planted w**" its dew Number of
persons as afores^ to some other y* will plant y' same ; Provided alwayse
y' any person who hath a stocke of Catle sheepe or such like on his
hands shall for every greater soart of Cattle w"'' hee hath at y" time of
such forfeiture as horses Kine &c, retain two acres, and for every lessor
sorte as sheepe hoggs &c one acre Provided alsoe y' noe persons arriveing
into y^ s'^ Countyes w"" purpose to setle (they being subjects or Natural-
lized as afores"*) be denyed a graunt of such proporcons of Land as at y^
time of there arrivall are due to themselves or Sarv'" by Concession fi-om
us as afores"* but have fidl Lycence to take up and setle y'' same in such
order and manner as is granted or prescribed all Lands notw"'standing
(y° powers in y^ Assembly afores"*) shalbe taken uj) by warrant from y°
Governor and confirmed by y^ Governor and C'ouncill under a Scale to
be provided for y' purpose in such order and meth-hood as shallie set
d(jwne in this declaration and more att Large in y" Instruccons to y'
Governor and (Jouncill.

And that tlie lands may be the more regulerly layd out and all persons
the better ascertayned of there titles and possessions.

1. Item in the bounding of y" County of Clarendon the Governor
and Gouncill (and Assembly if any bee) are to make choyce of (and con-
fine themselves and planters to) one side of y^ mayne river neare Cape
Faire, on which some of y^ adventurers are already setled or intend to
setle and y^ Islands in or neare y^ said River next y^ side they setle on.
Unless they have already setled some Island neare y^ other side which
if they have they may continew thereon ;

2. Item the Governor of y" County of with y" advice of
his Couucill is to bound y" said County as he shall see fitt not exceeding
Forty myles square or sixteene hundred Square myles.

3. Item they are to take care and direct y* all Lands bee devidetl bv
Gen" Lotts none less then two tlionsand two hundred acres nor more
then two and twenty thousand acres in each Lott excepting Cittyes
Townes &c and y° neare Lotts of towneshipps and y' y*" same be undeci-
mally devided one eleaventh part by lott to us our heires and Assignes

COLONIAL RECORDS. 91

y' Remaynd'' to persons as tliev come to plant y" same in such proporcons
as is allowed ;

4. Item that y" Governor of each C'Ounty or whome he shall depute
in Case of death or absence if some one be not before Comissionated by
us as afores'^ doe give to every person to whome land is due a warrant
syned & sealed by himselfe and y" Major pte of his Councill and directe<l
to y" Surveyor Gen" or his Deputy comanding him to ley out Lymitt and
bound acres of Land (as his due proporcon is) for

such a person in such allotm' according to w"'' warrant y" Register hav-
ing first recorded y*' same antl attested the record upon y'^ warrant y*^
Survey' Gen" or his Deputy shall proceed and certifie to y'^ Chiefe Secre-
tary or Register y' Name of y" person for whome he hath layde out land,
by virtue of w' authority y'^ date of y'^ authority or warrant }" Number
of acres y" bounds and on \v* poynt of y*" Compass y" Severall Lymitts
thereof lye which Certificate the Register is likewayse to enter in a booke
to be prepared for y' purpose with an Alphabeticail table referring to y"
booke soe y^ Certificate may be y^ easier found and then to file y* Certifi-
cates and y" same to Keepe safely The Certificate being entered a warrant
comprehending all y*" particculersof Land nienconed in y** Certificate afitres''
is to be syned and sealed by him and his Councill or y^ Major pte of
them as afores** (they haveing seen y" entry) and dii-ected to ye Register
or Chiefe Secretary for his preparing a Graunt of ye land to y^ partv for
whome it is layd out w"'' Graunt shalbe in the forme following viz'

The Lords Proprietors of the Province of Carolina doe hereby graunt
unto A. B. of y" county of Clarendon (or in w' County y^ same shalbe)
in y^ province afores'^ a plantacon in ye said County Conteyning
Acres English measure Boiuiding as in y" said Certificates to hold to
him (or her) his (or her) heires and Assignes for ever Yielding and pay-
ing yearly to y' said Lords Proprietors their heires or Assignes everv
twenty fifth day of March according to y" English Acc° one halfe penny
of Lawfull English mony for every of y*' said Acres To be holden of y"
manner of in free and C'omon Soccage, ye first

paym' of w''*' rent to beginn y'' twenty fifth day of March which shalbe
in y" yeai'e of our Lord one thousand six hund''^ and seaventy according
to y** English Account, Given under y' scale of y" County of Clarenden
y' day of in y" yeare of our Lord

To which Instrument y" Governor or his Deputy hath hereby full
Authority to put ye^ scale of y" said County and to subscribe his Name
as alsoe y^ Councell or Maj' pte of them are to subscribe there Names
and then y'' Instrument or Graunt is to be by y" Register recorded in a

92 COLONIAL RECORDS.

Buuke of RecoiJ,s tin' >' paipu.se ail w''' 'ueiug dune according to these
instrnccuns we licreby declare y' the same shalbe effeotuall in Law for y"
Injoym' of y^ said plantacon and all y* benefitts and profitts of and in
y^ same, except y* halfe part of Mynes of Gokl and Silver paying y^
rent as afores** Provided y' if any plantacon so granted shall by y' space
of three yeares l)e neglected to be planted with a sutficient Number of
Sarv'' as is before inenconed y' then it shalbe lawfull for us otherM'ayse
to disjiose thereof in whole or in part This graunt notw"'standing.

5. Item We doe alsoe graunt convenient proporcons of land for high-
ways and for streetes not exceeding one hundred foote in bredth in Cittyes
Townes Villages i'or churches Forts wharf's Keys Harbours and for pub-
licke houses and to each parish for y* use of there Ministers one hundred
Acres in such places as y' Gen" Asseml>ly shall appoynt ;

6. Item y" Governors are to take notice y' all such lands leyd out for
y* uses and purjjoses in y^ next preceeding Article shall be free and ex-
empt from all rents Taxes and other Customes or dutyes w'soever paya-
ble to us our heires or Assignes.

7. Item that in leying out Lands for Cittyes Townes Villages Bur-
roughes or other Hamlets y" said lands be undecimally devided one
eleaventh part to l)e by lott layd out for us and y'* rest devided to such
as shalbe willing to build thereon they paying after y" rate of one halfe
penny per Acre yearely to us, as for there other lands as afores* w"** said
Lands in Cittyes Townes &c is to be assured to each possessor by y' same
way and Instrewment as is before menconed.

8. Item That all Rules relating to building of each streete or quantity
of ground to be alotted to each house within y^ said respective Cittyes
Burroughs and Townes be wholy left by act as afores* to y'^ wisdome and
discreccon of y' Generall Assembly ;

9. Item That y^ Inhabitants of y^ said County have free passage
through or by any Seas bounds Creekes Rivers &c. in y*" said Province
of Carolina through or by which they must necessarily pass to come from
y° Mayne Ocean to y" Coimtyes afores'' or any part of y° Province afores^;

10. Lastly it shalbe Lawful for y" Representatives of y° freeholders to
make any address to y" Lords touching y^ Governor and Councill or any
of them or concerning any Greivances whatsoever or for anything they
shall desire without the Consent of the Governor and Councell or any
of them,

(Endorsed)
Sealed and Delivered in y'' presence of us
JO: PERYN.
THO: WALKER

COLONIAL RECORDS. 93

January 7"^ 1664-5
It is this day agreed by the Lords Propryators of Carolina that al-
though the County of Clarendon neare Cape Faire, and all the tract of
ground as farr as to the southward of the river S' Mathias and west as
far as the South Seas, be for the present, under the Government of Sir
John Yeamans, yet notwithstanding it is ment and intended, that that
parte of it which is about to be setled to the southward and westward of
Cape Romania be a distinckt Government from the County of Claren-
don, and that there be a distinckt deputy Governor for the present and
that it be called the C^ouuty of Craven and as soone as it shalbe conven-
iently setled by the said Sir John Yeamans or any other that there be a
distinckt Governor comissionated to p'overne there.

[B. P. R. O. Col: Ent: Book. No. 20. p. 22.]
V

Mr. Drummond.
Sir,

Our last unto you was by M"" Peeter Carteret accompaning your Comis-
sion and Instructions for the Government of the County of Albemarle
in which we confined the County to 40. myles square or 40. square myles,
in which there was a mistake for it should have been 1600 square myles
instead of 40. of which you are to take notice and to bound the C'Ountv
accordingly and if it be not enough to comprehend all the plantations
already under that Government give us notice of the deft, and on what
points of the Compas those plantations lye, that are without the bounds
(from the entrance of tlie mayne River) and we cann soone enlarge your
bounds; and shall if there be reason for it, wee rest

Cockpitt. Your very loving frinds.

January 7"^ 1664-65.

[B. P. R. O. Col: Ent: Book. No. 20. p. 21.]

Sir John Yeamans
Sir,
Haveing receaved a good carrector of your abillityes and Inteagryty
and of your loyalty to the kinge from Sir .John Colleton, with an assur-
ance that you will viggorously attempt the setling of a Collony or plan-

94 COLONIAL RECORDS.

tation to the southward of Cape Romania which will conduce much to
the Interest and hunuur of the kinge and advantage of his people, and
more especially that of the first setlers, wee have in the first place
prevaled with his Majestie to conferr the honor of a knight Barronet
upon you and your heires, to M'honie wee have given assurance that you
will deserve the same ;

In the next place we have by our Commissions which goes by your
Sonn, made you our Lieutenant Generall and Governor of that parte of
our Province of Carolina, M'hich we conceave may most conduce to the
setlement aforesaid and in as much as cann yet be under our Government
for many reasons which we have not time to shew, ^ye have in our agree-
ment with your Sonn indeavoured to compreliend all Interests especially
that of New England from whence the greatest stocke of people will in
prolxiltillity come, our more southerne plantations being already much
drayned, wherefore we advize you to contrive all the good wayes you cann
imagen to get those jieople to joyn with you in which there wilbe a com-
mon Utillity especially by keepinge those in the Kinges dominions that
either cannot or will not submitt to the Government of the Church of
England.

As for the six thousand acres of Land by you desired from us we doe
here oblige ourselves to graunt the same to you or your assignes to be by
you or them taken to the southward or ^^'est^\•ard of Cape Romania, by
lott as other lands are to be taken ujj, in which we desire you to avoyde
the comeing to neare the home Lotts which if you shall doe for any
greate proportion, it will thin the people and weaken that part to the
indangering of the whole, and alsoe as you take it up or cause it to be
taken up and bounded within 3. yeares after the date liereof, you paying
one halfe penny per ao-e English measure yearely the first payment to
begin the 25*'' day of March which shalbe in the yeare of our Lord 1670.
according to the English account.

Wee doe likewayse ingage ourselves to graimt to your frind Captain
William Merricke or assignes fifteene hundred acres of Land English
Measure, in the places upon the tearmes,, wee have ingaged to graunt to
you, wishing you good success and prosperity in your intended voyage
and undertakings

we rest

Your very loving frinds.

Cockpitt this 11"" January 1664.

COLONIAL RECORDS. 95

[B. P. R. O. Col: Ent : Book. No. 30. p. 19.]

Edward Earle of Clarendon Lord High Chancellor of England, George
Duke of Albemarle &c ; The trew and ab.solnte Lords Propryators of
all the Province of Carolina.

To our trusty and well beloved Sir John Yeamans Barronet Governor
of our County of Clarendon neare Cape Faire and of all that tract of
ground wliich lyeth southerly as farr as the river S' INIathias which bord-
ereth upon the Coast of Florida within 31. degrees northerne lattitude
and soe west as farr as the South Seas as alsoe of all Islands and Islets,
Rivers and Seas within the said bounds and our said Province of Caro-
lina, And to our trusty and well beloved our Councellors and assistants
to our said Governor, Greeting ;

Bee it knowne unto all men that we the said Lords and absolute pro-
pryators of the said County and tract of ground within the province afore-
said for divers good causes and considerations but more especially out of
the trust and confidence reposed by us in you our said Governor and
Cotincellors for the faithfull management of the poA\ers and authorityes
by us to you given to the best avayle and improvement of our Interest
and Dominion in the said County of Clarendon, and all the tract of
ground aforesaid; within our said Province and for the be.«t avayle and
improvement of the Interest, Liberty, proprvetey and defence of all such
as shall plant and inhabit there Land given, graunted and by these pres-
ents doe give and graunt (during our pleasure) unto you our said Gover-
nor by and with the advice and consent of our Councell or any 3. or
more of the (3. or 4. or more of a greater number full and ab.solute power
and authority for us and in our Names to lett sell convey and assiu-e
such lands in our said County and tract of ground aforesaid to such per-
son and persons and for such estate and estates, and with such provisoes
conditions and limitations as w-e by oiu' concessions and agreement under
our greate scale bareing date with thes presents to and with the adven-
turers of the Island of Barbados and tliere Assotiates of England New-
england the Carribbia Islands and Barmothos are obliged to graunt, and
as yon shalbe directed by such other instructions and Rules as from time
to time you shall receave from us and not other^\"ayes, thereby i*attyfy-
ing and confirming whatsoever you shall Lawfully doe pursuant to the
Concessions and Agreement and to such instructions rules and directions
as aforesaid ; as alsoe to make doe performe and execute all and singuler

96 COLONIAL RECORDS.

act and acts thing and things powers and anthorityes whatsoever, which
we onrselves may can might or could doe in for concerning or relate-
ing unto the Government both civill and millitary of the said County
and tract of ground aforesaid by virtue of tlie Letters pattents of his
most excellent Maj"'' Charles the Second by the grace of God Kinge of
England Scotland France and Ireland defender of the faith beareing
date at Westminster the twenty fourth of March in the 15 yeare of his
Reigne to be exercised neavertheless according to such Instructions or
with such Limitations restrictions conditions and provisoes as in these
presents are hereafter conteyned, hereby rattyfying contirnieing and allow-
ing all and eavery such act and acts thing and things which our said
Governor and our said Councellors in our names shall doe in the prem-
ises pursuant to the authority hereby comitted, Provided and it is
hereby declared that this present deede or any thing therein conteyned,
doth not extend nor shall it be deemed or taken to extend to give up to
our said Governor or our said Councellors or either or any of them any
power or authority to make any maner of graunt conveyance demise or
other like dispt)sition oi' any lands lyeing within or being parte of the
said County and tract of ground aforesaid, T)ut according to our Conces-
sions and Instructions and reserveing for every acre English measyre
which by virtue of this authority we shall graunt to any person or per-
sons one halfe penny of LawfuU money of England yearely rent to be
paid to us our heirs or Assignes on every 25 day of March according to
the English accompt the first payment whereof to begin on the 25 day of
March which shalbe according to the English accompt in the yeare of
our Lord God 1G70 provided alsoe that noe order or Lawes made or to
be made by virtue of this our Authority shalbe in force as Lawes for any
longer tearme then one yeare and a halfe within one yeare of which time
they shalbe transmitted and presented to us for our assent which being
given they shalbe in continewall force till expired by there owne limita-
tion or by act repealed to be confirmed as aforesaid Provided alsoe that
the executive parte of all the said powers hereby given shalbe made
and exercised by you our said Governor by or with the advice and con-
sent of the Major parte of our Couucell, and if it shall happen that our
said Governor or any of our said Councell shall departe or be absent any
time from our said County and tract of ground aforesaid unless other
provision be by us made that then it shall and may be LawfuU to and
for our said Governor and Councell or the Major parte of them resident
in our said County and tract of ground aforesaid to nominate elect and
appoint any such able person or persons as in there Discretion to them

COLONIAL RECOEDS. 97

shall seeme nio.st fitt to serve in uiid supply the place of sueh oftlie said
persons resjjeetively during there absence from our said County and
tract of ground aforesaid Giveing and granting nnto him or them soe
chosen during the absence of our saaid Governor or Councellors as full
large and ample powers as we by these presents to our said Governor or
Councillors have given any thing in this present Coraission in any wise
to the contrary notwithstanding And also in case of deatli of any Gover-
nor or death or removall of any member of our said Couneell from time
to time to nominate and elect fitt and able persons in there steads or places
respectively which persons so nominated and choasen shall exercise all
powers to there said offices respectively belonging till our pleasure be
sio-nified to the Contrary.

[B. P. R. O. Col: Ent : Book. No. 20. p. 18.]

Edward Earle of Clarendon Lord High Chancellor of England, George
Duke of Albemarle &c. The trew and absolute Lords Propryators of
the Province of Carolina.
To our trusty and well beloved Sir J(ihn Yeamans Bart : Greeting ;

Wee doe hereby constitute and appoint you (during our pleasure) Gov-
ernor of our County of C-larendon neare Cape Faire and of all that tract
of ground which lyeth southerly as farr as the River 8' Mathias which
bordereth upon the coast of Florida witliin .31. degrees northerne latti-
tude and soe west as farr as the south Seas as alsoe all Islands and Islets
Rivers and Seas within the said bounds and our said Province of Caro-
lina. With power to nominate appoynt and take to you 12. able men at
most, 6. at least to be of yoiu' C/Ouncell or assistance or any eaven num-
ber between 6. and 12. unless we have before made choyce of or shall
chuse all or any of them.

And we doe further constitute and appoint you to be our Lieutenant
Generall (during our pleasure) of the County and tract of ground above
mentioned and of all our forces raysed and to be raysed within ovu" said
County and tract of ground aforesaid for the security of the same and
the parts adjasent within our said Province, over which forces you are to
place Officers and to cause them to be duely exercised in Amies and to
doe all and every other thing or things which inito the Charge and Office
of a Lieutenant Generall of our Army belongeth or hath accustomed to
9

98 COLONIAL EECORDS.

belonge, as fully and freely as any Lieutenant Generall hath eaver had
the same commanding all infearyor officers and soldiers of our said
Armyes you to obey as there Lieutenant Generall according to this our
Comission and the powers thereby giveirunto you, and according to the
Ijaws and dissipline of warr, and you yourselfe alsoe are to observe and
follow such orders and directions as from time to time you shall receave
from us and in all things to governe yourselfe as unto your duty and
place of a Lieutenant Generall of an Army and Governor of our said
County and tract of ground aforesaid doth appertayne and belonge.
Given under our Greate Scale of our said Province this ll"" January
An: D: 1664.

[B. P. R. O. Col: Ent: Book. No. 20. p. 21.]

CocKPiTT this 11"" January 1664-5.
Gentlemen,

We have receaved your letter of the 29*'' of August and 8"" of October
by Major William Yeamans who hath made knowne your desii'es touch-
ing your settlement and planting in our Province of Carolina, as alsoe
his power from you to treate and conclude with us conoerneing the same
in which we assure you ho hath beene very carefull of your advantage
and interest and by his injenuity hath pi'evayled with us to consent to
more, then severall people would have accepted from us, of which we doe
noe wayse repent considering your forwardness to setle neare Cape Faire
before you had an assurance of any conditions from us, and your resolu-
tion to make another setlement to the south^vard or ^\'est^^'ard of Cape
Romania which ^^'e much desire out of respect to the Nations and your
Interest which will thereby i-eceave severall advantages which we hope
wilbe a motive to press you viggorously forward to that worke, we have
done our parte in order there unto, as will appear by our Concessions or
Agreement whicli your Agent Major William Yeamans on your behalfes,
to whome and to our Ingagement under our hands and scale, we refer
you. Pleas to be confident that there is nothing that may be fitt for us to
graunt more, or to olitayne for you from his Ma,jestie but that we shall
doe the one and indeavour to procure the either, as soone as we understand
that you have begunn the southermost setlement : \\'ishing you good suc-
cess & prosperity in your luidertakings, we rest

Your verv loveing freinds.

COLONIAL RECORDS. 99

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 4.]

Honerd S"'

I understand by M"' Druniraond and INP C'arterett that you and the
rest of the Right Honorable the Lords Proprietors of the Province of
Carolina have appointed me to be Surveyor for your Countie of Albe-
marle Wherein ("Pray be pleased to assure your Lordships") I will en-
deavour to serve you faithfully, and to the uttermost of my Power pro-
mote your Interest. And th(jugh I know it befitts not me to dispute
your eomands but rather to operate them Cceca Obedientia yet (by your
Honors permission) I cannot omit to performe another part of my dutie
(so I am though unworthy) one of the counsell here to give you my
opinion concerning some passages in the Instructions your Honore sent
us. First for the lK)unds of the Countie of Albemarle fortie miles square
\vill not comprehend the Inhabitants there already seated. And sixteen
hundred square miles may be laid out by runing only on the Verges of
the Rivers and Creekes where generally men seat and where (for the m«(st
part) the plantable land lies so disadvantagious to your Honores Inter-
est, and the Inhabitants Welfare ; that no reasonable line of communica-
tion will be able to unite them either for defence or Traffiek. So that I
conceive it will be most comodious to bound this Governmt. On the
south side with the North end of Croatan Island Thence west to Morat-
tuck, Including all the Branches thereof, Thence North as far as your
Patent extends Then East to the Sea; And to prohibit all Persons for
some time from seating beyond there bounds as also not yet to seat up
Morattuck : Which bounds thtjugh they are greater than your Honors
Instructions allow for Albemarle countie yet are they not more than will
consist well with one Governmt. It being (in my opinion) very incon-
venient to erect divers Governments to have Passage through one-an-
others Territories or Inletts : as Maryland having no Inlet foi' shipping
but through the Capes of Virginia. May (if any difference shall hap-
pen between those two Governments) in a high measure feel the Incon-
venience And the Inhabitants of all the streams or rivers within this
Government must be supplyed with Commodities from such Vessells as
shall arrive through Roanokea Inlett ^\•hich for ouglat we can perceive
must always be of very small burthen, for although Capt Whittles ves-
sell this winter at her coming in found iifteeue feete water, yet her going
out she had but eleaven feete and though she drew not eight fbote water,
struck twice or thrice notwithstanding they had Beatoned the Chanell
and went out in the best of it, at full sea; so uncertaine are all those In-

100 COLONIAL RECORDS.

letfa. Tliere is anutiier liilett at ^\'ucucoc•k or ^^'ucoeon which hereafter
may serve for an other Government betweene tliis and Cape Feare, if to
your Honore it shall seem Convenient.

Next the Proi^ortione of Land yon have allotted with the Rent, and
conditione are by most People not well resented and the very Rumor of
them dis-com-ages many who had intentions to have removed from Vir-
ginia hether : ^Miilst my Lord Baltamore allowed to every Persons im-
ported but tiftie acres ; Maryland for many yeares had scarce fiftie fami-
lies, though there Rent was rather easier then in Virginia ; but when he
allotted one hundred Acres for a Person, it soone began to People, and
when he found them Iwgiii to increase, he brought it to fiftie a head
againe St) if your Lordships please to give large Incouragement for some
time till the country be more fully Peopled, your Honore may contract
for the future upon what condition you please But for the Present, To
thcnke that any men will remove from Virginia upon harder Conditione
then they can live there will prove (I feare) a value Imagination, It bein
Land only that they come for.

I shall give you S"' Francis Bacons owue words in his Essay of Plan-
tation

"Planting of Counties is like planting of Woods, for you must make
account to loose almost Twenty yeares Profitt and expect vour recom-
pense in the end : for the Principall thing that hath bin the destruction
of most Plantations hath bin the hastee drawing of Profit in tlie first
yeares."

And it is my Opinion, (which I submitt to better Judgements) that it
will for some time conduce more to your Lordshipe Profit to permit men
to take up what tracts of Land they please at an easie rate, then to stint
them to small proportions at a great rent. Provided it be according to the
custome of Virginia which is fifty Pole by the river side, and one mile
into the woods for every hundred acres ; there being no man that will
have any great desire to pay Rent (though l)ut a farthing an acre) for
more land than he hopes to gaine by. Rich men (which Albemarle
stands in much need of) may perhaps take up great Tracts; but then they
will endeavour to procure Tenants to helpe towards the payment of their
Rent, and will at their owne charge build howseing (which poore men
cannot compasse) to invite tliem : Besides to have some men of greater
possessions in Land then others, will conduce more to the well being and
good Governement of the Place than any Levelling Paritie To reduce
Planters into Townes, is here almost impossible; when the country is
Peopled and coiiierce increased it may more easily be effected, by appoynt-
ing Ports and Marketts whether not onlv Merchants but all Tradesmen and

COLONIAL RECORDS. 101

Artificers will resort for habitation, and in short time lay the foundation to
supersti'uctures of Townes and Citties; Alwayes Provided there be a
course taken for procin-ing a (>oine with out which no Towne nor Markitt
can well subsist: And this can no way be effected but by the l)allance of
Trade; And therefore I doe most highly applaude your Lordshipe de-
signe of making Wine in this Counti'y : for I am confident that if the
value of the drinke only within Twenty yeares past brought into Vir-
ginia had been Imported in Silver; Vii'ginia would have had more
money for the number of her English Inhabitants then most if not the
most opulent eountrys have in Europe. But S'' I begin now to go be-
yond my last If my zeale to this Place (which I have many years endeav-
oured and encouraged to seate) transports me to this kind of building
Castles in the Aire, I hope your Goodnesse will be pleased to excuse me
since I perceive there are some well willers to this Place in England doe
the like: I shall therefore conclude with this humble recpiest that you
will be pleased to entertain thes Truth for a jNIaxim

Those that live upon a Place are l)est able to Judge of that Place
Therefore the Petition of the Generall Assemblie that was here convened
will diserve your Honors serious consideration; of which with theire
other proceedings likewise, I doubt not but our Noble Governor will give
you a true Accompt, he being by the Assembly there\v'ith intrusted And
if in any thing (besides the Publique) I can serve your Perticular Inter-
est Ck)mmand

Your most faithfull and most humble servant

THO: WOODWARD
I make no question but M'' Carteret our Secretary will answer all your
expectations for I assure you he is Diligent ; and the Spanish Proverb
tells us.

Que la buena Diligencia, es la 3Iadce de la Buena Ventura.
Albemarle Counties June 2°* 1665.

(Endorsed)
To the Honorable

SIR JOHN COLLATON
neere

St Jameses

London
these present
T WOODWARD

to
SIR JOHN COLLETON
2-^ June 65

102 COLONIAL RECORDS.

[Reprinted from Revised Statutes of North Carolina, Vol. II, Page l.j

THE SECOND CHARTER GRANTED BY KING CHARLES
THE SECOND, TO THE PROPRIETORS OF CARO-
LINA, DATED THE THIRTIETH DAY OF
JUNE, IN THE SEVENTEENTH YEAR
OF HIS REIGN, A. D., 1665.

Chaei.es the second, by the grace of God, of Great Britain, France
and Ireland, King, Defender of the Faith, &c. Whereas, by onr let-
ters patent, bearing date the twentyfoiirth day of March, in the fifteenth
year of onr reign, we were gracionsly pleased to grant nnto onr right trusty
and right well-beloved cousin and counsellor Edward Earl of Clarendon,
our high chancellor of England ; our right trusty and entirely belo\'ed
cousin and counsellor George Duke of Albemarle, master of our horse;
our right ti'usty and well-beloved AMlliam now Earl of Craven ; our right
trusty and well-beloved counsellor John Lord Berkeley ; our right trusty
and well-beloved counsellor Anthony Lord Ashley, chancellor of our
exchequer ; our right trusty and well-beloved counsellor Sir George Car-
teret, knight and baronet, vice-chancellor of our household; our right
trusty and well-beloved Sir John Colleton, knight and baronet ; and Sir
William Berkeley, knight ; all that province, territory, or tract of ground,
called Carolina, situate, lying and being within our dominions of Amer-
ica; extending from the north end of the island called Luke Island,
which lieth in the southern Virginia seas, and within thirtysix degrees of
north latitude ; and to the west, as far as the south seas ; and so respect-
ively as for as the river of Matthias, which bordereth upon the coast of
Florida, and within thirtyone degrees of northern latitude; and so west,
in a direct line, as far as the south seas aforesaid.

Now know ye. That we, at the lunnble request of the said grantees, in
the aforesaid letters patent named, and as a fni'ther mark of our especial
fevour to them, we are graciously pleased to enlai-ge our said grant unto
them, according to the bounds and limits hereafter specified, and in
favour to the pious and noble purpose of tlie said Edward Earl of C'lar-
endon, George Duke of Albemarle, William Earl of Craven, John Ijord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir AVilliam Berkeley, their heirs and assigns, all that province, ter-
ritory or tract of land, situate, lying and being within our dominions of
Amei'ica aforesaid ; extending north and eastward, as far as the nortli end

COLONIAL RECORDS. 103

of Currituck river or inlet, upon a strait westerly line to Wyonoak creek,
which lies within or about the degrees of thirtysix and thirty minutes,
northern latitude; and so west, in a direct line, as tar as the south seas;
and south and westward, as far as the degrees of twentynine, inclusive,
of northern latitude ; and so west, in a direct line, as far as the south
seas; together with all and singular the ports, harbours, bays, rivers and
inlets, belonging unto the province or territory aforesaid ; and also, all
the soils, lands, fields, woods, mountains, terms, lakes, rivers, bays and
islets, situate or being within the bounds or limits last before mentioned ;
with the fishings of all sorts of fish, whales, sturgeons, and all other royal
fish in the sea, bays, islets and rivers, within the premises, and the fish,
therein taken, together with the royalty of the sea upon the coast within
the limits aforesaid ; and moreover all veins, mines and quarries, as well
discovered as not discovered, of gold, silver, gems and precious stones,
metal, or any other thing, found, or to be found, within the province,
territory, islets and limits aforesaid ; and furthermore, the patronage and
advowsons of all the churches and chapels, which, as Christian religion
shall increase within the province, territory, isles and limits aforesaid,
shall happen hereafter to be erected ; together with license and power to
build and found churches, chapels and oratories, in convenient and fit
places, within the said bounds and limits ; and to cause them to be dedi-
cated and consecrated, according to the ecclesiastical laws of our kingdom
of England ; together will all and singular the like and as ample rights,
jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and
franchises of what kind soever, within the territory, isles, islets and lim-
its aforesaid : to have, hold, use, exercise, and enjoy the same, as amply,
fully and in as ample maimer, as any Bishop of Durham, in dur king-
dom of England, ever heretofore had, held, used, or enjoyed, or of right
ought or could have, use, or enjoy : and them the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns, we do, by
these presents, for us, our heii's and successors, make, create, and consti-
tute, the true and absolute lonls and proprietors of the said ])rovince or
territory, and of all other the j)remises ; saving always the faith, allegi-
ance, and sovereign dominion, due to us, our heirs and successors, for the
same; to hold, possess, and enjoy the said province, territory, islets, and
all and singular other the premises, to them the said Edward Earl of
Clarendon, George Duke of Albemarle, Williani Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John

104 COLONIAL RECORDS.

Colleton, and Sir William Bei'keley, their heirs and assiojns forever ; to
be holden of us, our heirs and succsssors, as of our manor of East Green-
wich, in Kent, in free and common socage, and not in capite, or by
knight's service : yielding and paying, yearly, to us, our heirs and suc-
cessors, for the same, the fourth part of all gold and silver ore, which,
within the limits hereby granted, shall, from time to time, happen to be
found, over and besides the yearly rent of twenty marks, and the fourth
part of the gold and silver ore, in and by the said written letters patent
reserved and payable.

And that the province or tei-ritory hereby granted and described, may
be dignified with as large tythes and privileges, as any other parts of our
dominions and territories in that region: Know ye, That we, of our fur-
ther grace, certain knowledge, and mere motion, have thought fit to annex
the same tract of ground or territory unto the same province of Carolina ;
and out of the fulness of our royal power and prerogative, we do, for us,
our heirs and successors, annex and unite tlie same to the said province
of Carolina.

And forasmuch as we have made and ordained the aforesaid Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, their heirs and assigns, the
true loi'ds and proprietors of all the province or territory aforesaid;
KnoNV ye therefore moreover. That we, reposing especial trust and confi-
dence in their fidelity, wisdom, justice, and pnjvident circumspection, for
us, oiu- heirs and successors, do grant full and absolute po\\-er, liy virtue
of these pi'esents, to them the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
William Berkeley, their heirs and assigns, for the good and happy gov-
ernment of the said whole province or territory, full power and authority,
to erect, constitute, and make several counties, baronies, and colonies, of
and within the said provinces, territories, lands, and hereditaments, in
and by the said letters patent, granted, or mentioned to be granted, as
aforesaid, with several and distinct jurisdictions, powers, liberties, and
privileges : and also, to ordain, make, and enact, and under their seals, to
publish any laws and constitutions whatsoever, either appertaining to the
jDublic state of the whole province or territory, or of any distinct or par-
ticular county, barony, or colony, or of or within the same, or to the
private utility of particular persons, acccording to their best directions,
by and with the advice, assent and approbation, of the freemen of the

COLONIAL RECK)UI).S. 105

said province or territory, or of the freemen of the county, barony, or
colony, for which such law or con8titution shall be made, or the greater
part of them, or of their delegates? or deputies, whom, for enacting of the
said laws, when, and as often as need shall require, we will, that the said
Edward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony I^ord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs
or assigns, shall, from time to time, assendjle in such manner and form
as to them sliall seem best ; and the same laws duly to execute, upon all
people within the said province or territory, county, barony, or colony,
or the limits thereof, for the time being, which shall be constituted, under
the power and government of them or any of them, either sailing towards
the said province, or territory of Carolina, or returning from thence to-
wards England, or any other of our or foreign dominions, by imposition
of penalties, imprisonment, or any other punishment ; yea, if it shall be
needful, and the quality of the offence require it, by taking away member
and life, either by them the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
William Berkeley, and their heirs or by them, or their deputies, lieuten-
ants, judges, justices, magistrates, or otScers, whatsoever, as well within
the said province, as at sea, in such manner and form as unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Ijord Ashley, Sir George
Carteret, Sir John Colleton, and Sir ^\"illiam Berkeley, and their heirs,
shall seem most convenient : and also, to remit, release, pardon, and abol-
ish, whether before judgment or after, all crimes and oifences whatsoever
against the said laws; and to do all and every thing and things, which,
unto the complete establishment of justice, unto courts, sessions, and forms
of judicature, and manners of proceeding therein, do belong, although in
these presents express mention is not made thereof; and by judges to him
or them delegated, to award process, hold pleas, and determine, in all the
said courts and places of judicature, all actions, suits, and causes whatso-
ever, a« well criminal as civil, real, mixt, personal, or of any other kind
or nature wiiatsoever: which laws so as aforesaid to he published, our
pleasure is, and we do enjoin, require, and command, shall be absolutely
firm and available in law ; and that all the liege people of us, our heirs
and successors, within the said province or territory, do observe and keep
the same inviolably in those parts, so far as they concern them, under the
pains and penalties therein expressed, or to be expressed : Provided nev-
10

106 COLONIAL RECORDS.

ertheless, That the said laws be consonant to reason, and as near as may
be conveniently, agreeable to the laws and customs of this our realm of
England.

And because such assemblies of freeholders cannot be so suddenly
called as there may be occasion to require the same, we do therefore, by
these presents, give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, A\^illiam Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, their heirs and assigns, by themselves, or their
magistrates, in that behalf lawfully authorised, full power and authority,
from time to time, to make and ordain fit and wholesome orders and
ordinances within the province or territory aforesaid, or any county,
barony, or province, within the same, to be kept and ol)served, as well
for the keeping of the peace, as for the better government of the people
there abiding, and to publish the same to all whom it may concern :
which ordinances we do, by these presents, straitly charge and command
to be inviolably observed within the same province, counties, territories,
baronies and provinces, under the penalties therein expressed ; so as such
ordinances be reasonable, and not repugnant or contrary, but as near as
may be, agreeable to the laws and statutes of this our kingdom of Eng-
land ; and so as the same ordinances do not extend to the binding, charg-
ing, or taking away the right or interest of any person or persons, in
their freehold, goods, or chattels, whatsoever.

And to the end the said province or territory may be the more happily
increased, by the multitude of people resorting thither, and may likewise
be the more strongly defended from the incursions of savages, and other
enemies, pirates and robbers ; therefore, Ave, for us, our heirs and succes-
sors, do give and grant, by these presents, full power, license and liberty,
unto all the liege people of us, our heji's and successors, in our kingdom of
England, and elsewhere, within any other our dominions, islands, colonies,
or plantations, (excepting those who shall be especially forbidden) to trans-
port themselves and families into the said province or territory, with
convenient shipping and fitting provision ; and there to settle themselves,
dwell, and inhabit : any law, act, statute, ordinance, or other thing, to
the contrary, notwithstanding.

And we will also, and of our especial grace, for us, our heirs and suc-
cessors, do straitly enjoin, ordain, constitute, and command, that the said
province and territoiy shall be of our allegiance; and that all and sing-
ular the subjects and liege people of us, our heirs and successors, trans-
ported or to be transported into the said province, and the children of

COLONIAL RECORDS. 107

tlieni, and such as shall descend from them there born, or hereafter to be
born, be, and shall be denizens and lieges of us, our heirs and successors,
of this our kingdom of England, and be in all things, held, treated and
reputed, as the liege, faithful people of us, our heirs and successors, born
within this our said kingdom, or any other of our dominions; and may
inherit or otherwise purcliase and receive, take, hold, buy and possess,
any lands, tenements, or hei'editaments, within the said jjlaces, and them
may occupy and enjoy, sell, alien, and bequeath ; as likewise, all liberties,
franchises, and privileges, of this our kingdom, and of other our domin-
ions aforesaid, may freely and quietly have, possess, and enjoy, as our
liege peojjle, born within the same, without tlie molestation, vexation,
trouble, or grievance, of us, our heirs and successors : any act, statute,
ordinance, or provision, to the contrary notwithstanding.

And furthermore, that our snbjects of this our said kingdom of Eng-
land, and other our dominions, may be the rather encouraged to under-
take this expedition, witli ready and cheerful means ; Know ye, that we
of our especial grace, certain knowledge, and mere motion, do give and
grant, by virtue of these presents, as well to the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, §ind Sir William Berkeley, and their heirs, as unto all others
as shall, from time to time, repair unto the said province or territory,
with a purpose to inhabit there, or to trade with the natives thereof; full
liberty and license, to lade and freight, in every port whatsoever, of us,
our heirs and successors, and into the said province of Carolina, by them,
their servants and assigns, to transport all and singular their goods,
wai'es and merchandises ; as likewise all sorts of grain whatsoever, and
any other thing whatsoever, necessary for their food and clothing, not
prohijjited by the laws and statutes of our kingdom and dominions, to
be carried out of the same, without any let or molestation of us, our
heirs and successors, or of any other our officers or ministers whatsoever ;
saving also unto us, our heirs and successors, the customs, and other
duties and payments, due for the said wares and merchandises, according
to the several rates of the places from whence the same shall be trans-
ported.

We will also, and by these presents, for us, our heirs and successors,
do give and grant license by this our charter, unto the said Edward Earl
of Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Antliony Lord Ashley, Sir Ceorge Carteret, Sir
John Colleton, and Sir William Berkeley, and their heirs and assigns.

108 COLONIAL RECORDS.

auJ to all the iiiliuljltuiic.^ ami »K\eller.- in tlif pro\ ince or territory afore-
said, botli present and to eome, full power and absolute anthoritv, to im-
port or unlade, by themselves or their servants, factors, or assigns, all
merchandises and goods whatsoever that shall arise of the fruits and com-
modities of the said province or territory, either by land or sea, into any
the ports of us, our heirs and successors, in our kingdom of England,
Scotland, or Ireland, or otherwise to dispose of the said goods in the
said ports; and, if need be, M'ithin one year next after the unlading, to
lade the said merchandises and goods again into the same or other ships;
and to export the same into any other countries, either of our dominions
or foreign, lieing in amity with us, our heirs and successors, so as they
pay such customs, subsidies and other duties, for the same, to us, our
heirs and successois, as the I'est of our subjects of this our kingdom, for
the time being, sliall be bound to pay; beyond which, we will not, that
the inhabitants of the said province or tcrritt)ry shall he any ways charged :
Provided, nercrtJielcss, and our will and pleasure is, and we have further,
for the considerations aforesaid, of our especial grace, certain knowledge,
and mere motion, given and granted, and by these presents, for us, our
heirs and successors, do give and grant unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir Jolin
Colleton, and Sir William Berkeley, tlieir heirs and assigns, full and fi-ee
license, power and authority, at any time or times, from and after the
feast of St. Michael the Archangel, which shall be in the year of our
Lord Christ one thousand six hundred and sixty-seven, as well to im-
port and bring into any of our dominions, from the said province of
Carolina, or any part thereof, the several goods hereinafter mentioned ;
that is to say, silks, wines, raisins, capers, wax, almonds, oil, olives, with-
out paying or answering to us, our heirs and successors, any custom, im-
post, or other duty, for or in respect thereof, for and during the term
and space of seven years, to commence and be accounted from and after
the importation of four tons of any of tlie said goods, in any one bottom,
ship or vessel, from the said province or territory, into any of our do-
minions ; as also, to export and carry out of any of oin- dominions, into the
said province or territory, custom free, all sorts of tools which shall be
useful or necessary for the planters there, in the accommodation and im-
provement of" the jiremises : any thing before in these jjresents contained,
or any law, act, statute, prohiljition, or other matter or thing, heretofore
had, made, enacted, or provided, in any wise notwithstanding.

COLONIAL RECORDS. 109

And furthermore, of our more ample and especial grace, certain knowl-
edge, and mere motion, we do, for us, our heirs and successors, grant unto
the said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of C'raven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, fidl and absolute power and authority, to make, erect, and consti-
tute, within the said province or territory, and the isles and islets afore-
said, such and so many sea-ports, harbors, creeks, and other places, for
discharge and unlading of goods and merchandises, out of ships, boats and
other vessels, and for lading of them, in such and so many places, with
such jurisdictions, and privileges and franchises, unto the said ports be-
longing, as to them shall seem most expedient, and that all and singular
the ships, boats and other vessels, which shall come for merchandises and
trade into the said province or territf)ry, or shall depart out of the same,
shall be laden and unladen at such ports only as shall be erected and con-
stituted by the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke-
ley, their heirs and assigns, and not elsewhere : any use, custom, or thing,
to the contrary notwithstanding.

And we do further will, ai)point, and ordain, and by these presents,
for us, our heirs, and successors, do grant unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, and their heirs and assigns, that they
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John I^ord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs
and assigns, may, from time to time, forever, have and enjoy the customs
and subsidies, in the ports, harbors, creeks, and other places within the
province aforesaid, payable for the goods, wares and merchandises there
laded, or to be Jaded or unladed ; the said customs to be reasonably
assessed, upon any occasion, by themselves, and by and with the consent
of the free people, or the greater part of them, as aforesaid; to whom we
give power, by these presents, for us, our heirs and successors, upon just
cause, and in due proportion, to assess and impose the same.

And further, of our especial grace, certain knowledge, and mere motion,
we have given, gi-anted and confirmed, and by these presents, for us, our
heirs and successors, do give, grant and confirm, unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven,

no COLONIAL RECORDS.

John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, their heirs and assigns, full
and absolute j^ower, license and authority, that tliey, the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
Jolin Colleton, and Sir William Berkeley, their heirs and assigns, from
time to time hereafter, forever, at his and tlieir will and pleasure, may
assign, alien, grant, demise, or enfeoff, the premises, or any part or parcel
thereof, to him or them that shall be willing to purchase the same, and
to such person and persons as they shall think fit; to have and to hold
to them, the said person or persons, their heirs and assigns, in fee simple,
or in fee-tail, or for term of life or lives, or years; to be held of them
the said Edwaixl Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs
and assigns, by such rents, services and customs as shall seem fit to them
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs
and assigns, and not of us our lieirs and successors: and to the same
person and persons, and to all and every of them, we do give and grant,
by these presents, for us, our heirs and successors, license, authority and
pt)wer, that such person or persons may have and take the premises, or
any part thereof, of the said Edward Earl of Clarendon, George Duke
of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns, and the same to hold to themselves,
their heirs and assigns, in what estate of inheritance soever, in fee-simple,
or fee-tail or otherwise, as to them the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, their heirs or assigns, shall seem expedient ; the
statute in the parliament of Edward, son of King Henry, heretofore
King of England, our pi-edecessor, commonly called tlie statute of quia
emptores.terrnrum, or any other statute, act, ordinance, use, law, custom,
or any other matter, cause or thing, heretofore published or provided to
the contrary, in any-wise notwithstanding.

And because many persons, born and inhabiting in the said province,
for their deserts and services, may expect and be capable of marks of
honor and favor, which, in res})ect of tlie great distance, cannot be con-

COLONIAL RECORDS. Ill

veniently conferred by us; our will and pleasure therefore is, and we do
by these presents, give and grant unto the said Edward Earl oi' Claren-
don, George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, and their heirs and assigns, full power and
authority, to give and confer unto and upon such of the inhabitants of
the said province or territory, as they shall think do or shall merit the
same, such marks of favor and titles of honor, as they shall think fit; so
as their titles or honors be not the same as are enjoyed by or conferred
upon any of the subjects of this our kingdom of England.

And further also, we do, by these presents, for us, our heirs, and suc-
cessors, give and grant license to the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, and their heirs and assigns, full power, liberty and
license, to erect, raise and build, within the said province and places
aforesaid, or any pai't or parts thereof, such and so many forts, fortresses,
castles, cities, boroughs, towns, villages, and other fortifications whatso-
ever; and the same, or any of them, to fortify and furnish with
ordnance, powder, shot, armour, and all other weapons, ammuni-
tion, and habiliments of war, both defensive and oifensive, as shall be
thought fit and convenient, for the safety and welfare of the said
province and places or any part thereof; and the same or any of
them, from time to time, as occasion shall require, to dismantle,
disfurnish, demolish and pull down : and also to place, constitute and
appoint, in or over all or any of the said castles, forts, fortifications,
cities, towns, and places aforesaid, governors, deputy-governors, magis-
trates, sheriffs, and other officers, civil and military, as to them shall seem
meet ; and to the said cities, boroughs, towns, villages, or any other place
or places, within the said province or territory, to grant letters or charters
of incorporation, with all liberties, franchises, and privileges, requisite
or usual, or to or within this our kingdom of England granted or belong-
ing ; and in the same cities, boroughs, towns, and other places, to consti-
tute, erect and appoint such and so many markets, marts, and fairs, as
shall, in that behalf, be thought fit and necessary : and further also, to
erect and make in the province or territory aforesaid, or any part thereof,
so many manors, with such seignories as to them shall seem meet and
convenient ; and in every of the same manors to have and to hold a court-
l)aron, with all things whatsoever which to a court-baron do belong , and
to have and to hold views of frank-pledge and court-lects, for the conser-

112 COLONIAL RECOliDS.

vation of the peace and better government of those parts, with such limits,
jurisdictions and precincts, as by the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, or their heirs shall he appointed for that purpose,
with all things \\'hatsoever which to a court-leet, or view of frank-pledge,
do belong ; the same courts to be holden by stewards, to be deputed and
author] set 1 by the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke-
ley, or their heirs, by the lords of the manors and leets, for the time be-
ing, when the same shall be erected.

And because that in so remote a country, and situate among so many
barbarous nations, the invasions of sas'ages and other enemies, pirates and
robbei-s, may probably be feared ; therefore, we have given, and for us,
our heirs and successors, do give power by these presents, unto the said
Edward P]arl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Car-
teret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns,
by themselves, or their captains, or other officers, to levy, muster and train
up all sorts of men, of ^\ hat condition soever, or wheresoever born, whether
in the said jirovince, or elsewhere, for the time being ; 'and to make war,
and pursue the enemies aforesaid, as well by sea, a-s by land ; yea, even
witliout the limits of the said province, and, by God's assistance, to van-
quish and take them ; and being taken, to put them to death, by the law
of war, and to save them at their pleasure, and to do all and every other
thing, Avhich to the charge and office of a captain-general of an army,
hath had the same.

Also, our will and pleasure is, and by this our charter, we do give and
grant unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Ci'aven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke-
ley, their heirs and assigns', full power, liberty and authority, in case of
rebellion, tumult, or sedition (if any should happen, whicli God forbid)
either upon tiie land within the province aforesaid, or upon the main sea,
in making a voyage thither, or returning from thence, by him and them-
selves, their captains, deputies, or officers, to be authorised under his or
their seals, for that purpose ; to whom also, for us, our heirs and succes-
sors, we do give and grant, by these presents, full power and authority,
to exercise martial lawagainst any mutinous and seditious persons of these

COLONlAf; RECORDS. 11-3

parts; sufh as shall refuse to submit themselves to their ooverumeut, or
shall refuse to serve in the war, or shall fly to the enemy, or forsake their
colors or ensigns, or be loiterers, or stragglers, or otherwise offending
against law, custom, or military discipline; as freely and in as ample
manner and form, as any captain-general of an army, by virtue of his
office, might or hath accustomed to use the same.

And our further pleasure is, and by these presents, for us, our heirs
and successors, we do grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Tjord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, their heirs and assigns, and to the tenants and in-
habitants of the said province or territory, both present and to come, and
to every of them, that the said province or territory, and the tenants
and inhabitants thereof, shall not, from henceforth, be held or reputed
any member or part of any colony whatsoever in America, or else-
where now transported or made, or hereafter to be transported or
made; nor shall be depending on, or subject to their government
in any thing, but be absolutely separated and divided from the same ;
and our pleasure is, by these presents, that they be separated, and
that thev be subject immediately to our crown of England, as de-
pending thereof, forever : antl that the inhabitants of the said province
or territory, nor any of them, shall, at any time hereafter, be compelled,
or compellable, or be any ways subject or liable to appear or answer to
any matter, suit, cause or plaint whatsoever, out of the province or terri-
tory aforesaid, in any other of our islands, colonies, or dominions in
America, or elsewhere, other than in our realm of England, and do-
minions of Wales.

And because it may happen that some of the jjcople and inhabitants
of the said province cannot, in their private opinions, conforni to the
public exercise of religion, according to the liturgy, forms and ceremo-
nies of the church of England, or take and subscribe the oaths and arti-
cles made and established in that behalf; and for that the same, by reason
of the remote distances of those places, will, as we hope, be no breach of
the unity and conformity established in this nation ; our will and pleas-
ure therefore is, and we do, by these presents, for us, our heirs and
successors, give and grant unto the said Edward Earl of Clarendon,
George Duke of Albemarle, William Earl of Craven, John Lord Berke-
ley, Anthony Lord Ashley, Sir George Carteret, Sir John CoUetcMi, and
Sir William Berkeley, their heirs and assigns, full and free license, lib-
erty and authority, by such ^\•ays and means as they shall think fit, to
11

114 COLONIAL RECORDS.

give and grant unto such person and persons, inhabiting and being within
the said province or territory, hereby, or by the said recited letters patent
mentioned to be granted as aforesaid, or any part thereof, such indul-
gences and dispensations, in that behalf, for and during such time and
times, and with such limitations and restrictions, as they the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, their heirs or assigns, shall, in
their discretion, think fit and reasonable : and that no person or persons
unto whom such liberty shall be given, shall be any way molested,
punished, disquieted, or called in question, for any differences in opinion,
or practice in matters of religious concernments, who do not actually
disturb the civil peace of the province, county or colony, that they shall
make their abode in : but all and every such person and persons may,
from time to time, and at all times, freely and quietly have and enjoy his
and their judgments and consciences, in matters of religion, throughout all
the said province or colony, they belia\'ing themselves peaceably, and not
using this liberty to licentiousness, nor to the civil injury, or outward
disturbance of others ; any law, statute or clause, contained or to be con-
tained, usage or custom of our realm of England, to the contrary hereof,
in any wise notwithstanding.

And in case it shall happen, that any doubts or questions shall arise,
concerning the true sense and understanding of any word, clause, or sen-
tence contained in this our present charter; we will, ordain and command,
that in all times, and in all things, such interpretations be made thereof,
and allowed in all and every of our coiu-ts whatsoever, as lawfully may
be adjudged most advantageous and favorable to the said Edward Earl
of Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony, Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, their heirs and assigns, although
express mention, &c.

Witness ourself, at Westminster, the thirtieth day of June, in the
seventeenth year of our reign.

PER IPSUM REGEM.

^

COLONIAL RECORDS. 115

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 5.]

ACC°

Off Fees in passiui)- y" Charter and Duplicate of Carolina vizt

For the King.s war"' and Seeretarv taking- noe fee 1.02.06

For M" Attorny Gen"" and his Clark's fees for drawing and

Engroseing the Bill 17.17.06

For the Kings signeing the Bill and the Secretary takeing

noe fee 1.02.06

For the fees of the Signett and the privy Scale £8 each 16.00.00

For fees to the M"' of the Pattent Office and for Vellum Ruleing

painting and Ingraveing the Pattent for the Broad Seale

and to the Clarks ^. 26.05.00

For Ld Chancellor pursebearer and his Clarke 1 .09.00

For Ld Chancellors servant 2.00.00

For Fees of the Hannap' Office 24.00.00

For Fees of the duplicate of the Pattent office and for the

vellum and engraveing it and to the Clarkes 15.00.00

For Fees at the Haunaper Office 2.15.00

106.11.06
Fees pd in passing the last Pattent for Carolina July 1665
For the Kings war"*: and signeing the Bill the Secretary take-
ing noe fee 4.00.00

For M'' Attorney gen'": and his Clarks fees for drawing and

Engroseing the bill &c 11.05.00

For fees pd at the Signett Office and the Privie seale 17.06.08

For the Ld Chancellor pursebearer and Clarkes 1.04.00

For the Master of the Pattent Office for Vellum ruleing &c

InpToseinsi- the Pattent and to the Clarks 16.15.06

For fees at the Hanai"" Office at Treitnara 20.07.08

For expenses there in attending the great Seale 0.03.06

71.02.04
(Endorsed.)

Paid M' Attornev Generall &c 21:02:6

116 COLONIAL EECORDS.

[B. P. R. O. Colonial Papers. Vol. 19. No. 101.]

COMMISSION FOR GOV^ OF BARBADOES.
? ABT. AUGUST 1665.

Charles &ca.

To Our Trusty & Wellbeloved Henry Willoughby, William Wil-
lougliby Esq"'^ & to Sir John Yeamans Bart, Greeting

Whereas wee were graciously pleased by Our Letters Patents & corBis-
sion under our Great Sealc of England beareing date the 12*'' day of June
in the lo"" yeare of our Reigne to constitute and appoint our right Trusty
and welbeloved Francis Lord Willoughby of Parham our Captaine Gen-
erall and Commander in chiefe in & over all & every our Islands Colo-
nyes & Plantations in America commonly called the Barbadoes & the
rest of the Carribbee Islands and of all other our Islands Colonyes &
Plantations lying between the degrees of Ten & Twenty North latitude
& extending from the islands of St. John and Porto rico easterly to three
hundred twenty & seaven degrees with severall powers priviledges au-
thorityes & preheminencies therein specified & contained to have hold ex-
ercise and enjoy to him the said Lord Willoughby from the feast of the
birth of our Lord then last past for and dureing the space of seaven
yeares next ensuing to be fully completed if the said Lord Willoughby
should soe long live. No^^' know yee That Wee reposing especiall trust
and confidence in the fidelity, courage prudence and good conduct of you
the said Henry Willoughby S"" John Yeamans and ....
have constituted & appointed & by these presents doe constitute & ap-
point you the said Henry Willoughby Sir John Yeamans and .

. and in the absence of you the said Henry Willoughby then you
the said William \^'illoughby and you the said Sir John Yeamans &
our Governor in chiefe in and over all om* Islands
Colonyes & Plantacons aforesaid in the absence of him the said Lord
Willoughby and noe longer with all and singular the powers authorityes
priviledges & preheminencies by our said letters patents and Commission
to the said Lord Willoughby granted or intended to be granted in as full
and ample manner to all intents & purposes as he the said Lord Wil-
loughby did or ought t(j have hold exercise & enjoy the same to have
hold exercise & enjoy ft) them the said Henry Willoughby William Wil-
loughby & Sir John Yeamans in manner & forme aforesaid for & dure-
ing Our pleasure. Given &ca.

COLONIAL RECORDS. 117

1666.

[B. P. R. O. Colonial Entry Bk. No. 53. p. 113.]

AN ACT FOR ENCOURAGEMENT OF TRADE.

For as much as Tobacco is the only commodity by which this Province
dotli at present subsist which by the unlimited freedome of all persons to
plant what quantity's and at what tyme they please hath glutted all mar-
ketts for divers yeares last past & for that reason is come to that low i"ate
that were the times peaceable & trade open itt would not purchase neces-
sarys for the planters & forasmuch as vast quantity's all ready made must
needs ly upon the planters hand & perish upon his ace' if wee still con-
tinue to plant tobacco as formerly for remedy whereof Be it enacted by
Rt. Hon. the Lord Proprietor by & with the consent of the Upper and
Lower House of this present (xenerall Assembly that from and after the
first day of February which shall he in this present yeare 1666 [7] till the
first of February which shall be in the yeare of our Lord one thousand
six hundred and sixty sea yen n(je tobacco shall be sowen sett planted or
any way tended within this Province of Maryland Provided that the
Hon'''' Sir William Berkeley and the Assembly of Virginia and Wm.
Drummond Governor of the Southward Plantations & the Assembly there
doe make the like Acts in there severall & respective Assemblyes pro-
hibiting the sowing setting planting or tending any tobacco in any
place within their severall & respective jurisdiccons for the said
yeare vizt from the first of February 1666 till the first of February
1667 And for the better & surer execucon of this Act and obte}n-
ing the desired end viz* the encouragement of Merchants t(^ trade
with us for our necessary apparell Bee it further enacted by tlie
authority and with the assent aforesaid that the Hon'''" Philip Calvert
Esq'' Henry Courson ICsq"" Col. Nathaniel Uty M"^ Tho. Notley M'' Rob-
ert Sly and Major Thomas Brooke or any three or more of them be sent
Comm" from the Governor sufficiently empowered to treate and conclude
with the Hon'''' Sir William Berkeley and the Assembly in Virginia or
\vith Comni"^ by the said Sir Wm. Berkeley and the Assembly aforesaid
sufficiently from them to be empowered and «-ith the said William Drum-
mond Esq"' or Comm''" from him & the Assembly of the Colony under
his Goverm' sufficiently as aforesaid to be empowered upon a totall ces-
sation from sowing setting ^jlanting or tending Tobacco in their three
Colonies as aforesaid and of the meanes to see the said Treaty and Con-
clusion for a cessacon put into full and certaine execucon.

118 COLONIAL RECORDS.

And be itt further Enacted by the authority and assent aforesaid that
whatsoever tlie said Philip Calvert Henry Coursey Natlianiell Utye
Thomas Notley Robert Sly and Thos. Brooke or any three or more of
them shall agree upon with the Commissioners to be impowered by the
Hon'''^ Sir Wm. Berkeley Wm. Drummond Esq"^" & the respective
Assemblyes tending only to the effectual cxccucon of tlie cessacon from
planting tobacco in the yeare aforesaid sliall oblige all persons in this
Province as fully as if the same had been particulerly distinctly and
clearly in express words conteyned in this Act.

Mem. The lawes above written past under the Great Scale of this
Province the fourteenth day of June 1G6G.

PHILIP CALVERT

Chanc"^
[of Maryland.]

[B. P. R. O. Shaftesbury Papers. Bm,E 48. No. 7.]

THE PORT ROYAL DISCOVERY BEING THE RELATION
OF A VOYAGE ON THE COAST OF THE PROVINCE OF
CAROLINA FORMERLY CALLED FLORIDA IN THE
CONTINENT OF THE NORTHERNE AMERICA
FROM CHARLES RIVER NEERE CAPE
FEARE IN THE COUNTY OF CLA-
RENDON AND THE LAT. OF 34
DEG. TO PORT ROYAL IN THE
LAT. OF 32. D. BEGUN 14*
JUNE 1666.

PERFORMED BY ROBERT SANFORD ESQ'' SECRETARY AND CHIEF REG-
ISTER OF THE RIGHT H0N''''= THE LORDS PROPRIETORS
OF THEIR COUNTY OF CLARENDON IN
THE PROVINCE AFORES* &C.

Fungor Officii^.
Anno Domini 1666.

To Right Hon*"'* Edward Earle of Clarendon Ivord High Chancellor
of England George Duke of Albemarle Capt. Generall of all His Ma""'
Forces in the Kingdomc of England, Scotland and Ireland and Ma.ster

COLONIAL RECORDS. 11!

of the, Horse Wm. Lord Craven John Ijord Berkley Anthony Lord
Ashley Chancellor of the Exchequer Sir George C'arteret Vice Chamber-
laine of his Ma''^' Household Sir Wni. Berkeley Knt and Sir John Col-
leton Knt & Baronet the true and absolute Lords Proprietors of all the
Province oi' Carolina

Right Hon"'^

It is not presumption but duty which presents this Narrative howso-
ever rude & imperfect to soe illustrious I had rather say a Constellacon
than a Corporacou The matter related was ijerforuied under your auspices
in your Country and by your Servant. It measures to you my Lords (as
his foot did Hercules) the greatnes of yo'' Sovereigns Giuft and to the
world the greatnes of your trust and favour with him It shewes you in
prospective how lastinge a renowne you may adde to your already most
glorious names how boundles a grandeur to your longest posterity None
indeede but God and the Kinge can move your hearts to doe theis great
things for yourselves and nation Yet that such a nation be effected may
and shall bee the prayers of

Right Hon'"*
with all submission readines & fidelity
Yo"^ Lordi'P' servant

ROB. SANDFORD.

THE PORT ROYALL DISCO^^ERY.

The Right Hono"* the Lords Proprietors of the Province of Carolina
in prosecncon of his sacred Ma"^ pious intencons of planting and civil-
lizing there his doniin' and people of the Northerue America, w"'' Neigh-
bour Southward on Virginia (by some called Florida (found out and dis-
covered by S" Sebastian Cabott in the yeare 1497 at the charges of H : 7 :
King of England co.) Constituted S"' John Yeamans Baronet their L'
Generall with ample powers for placing a Colony in some of the Rivers
to the Southward and Westward of Cape S' Romania who departing
from the Island Barbadoes in Octob: 1665 in a Fly boate of about 150
Tonus accompanyed by a small Friggatt of his owne and a Sloope pur-
chased by a Comon purse for the service jof the Colonyes after they had
been seperated by a great storme att Sea (wherein the Friggatt lost all
her Masts and himselfe had like to have foundred and were all brought
together againe in the Ijeginning of November to an Anchor before the
mouth of Charles River neere Cape Feare in the County of Clarendon,
part of the same Province newly begunn to be peopled and within the

120 COLONIAL RECORDS.

L' Gen"' Comission They were after blo-\vue from their Anchors hj a
■suddaine violent Gust, the Fly boate S"' John was in narrowly escapeing
the dangerous shoales of the Cape. But tliis proved but a short differ-
ence in their Fate, for returning with a favourable winde to a second
viewe of the entrance into Charles River but destituted of all pilates
(save their owne eyes (which the flattering Gale that conducted them did
alsoe delude by covering the rough visage of their objected dangers with
a thicke vaile of smoth waters) they stranded their vessell on the middle
ground of the liarbours mouth to the Westward of the Channell where
the Ebbe presently left her and the wind witli its owne multeplyed forces
and the auxiliarvcs of the tide of flood beate her to peeces. The persons
were all saved by the neighborhood of the shore but the greatest part of
their provision of victualls clothes &c: and of the Magazine of Armcs
powder and other Millitary furniture shipped by the Lords Proprietors
for the defence of the designed settlement perished in the waters the L'
Gen" purposed at first imediately to repaire his Friggatt which together
^vith the Sloope gate safely into the Ri^■er when the Fly boate was
driven off) and to send her back to Barbadcjs for recruity whilst himself
in person attended the issue of that discovery which I and some other
Gentlemen offered to make Southwards in the Sloope, But when the
great and g'rowing necessityes of the English Colony in Charles River
(heightened by this disaster) begann clamourously to crave the use of the
Sloope in a voyage to Virginia for their speedy reliefe, S"' John altered
that his first resolution and permitting the sloope to goe to Virginia re-
turned himself to Barbados in his Friggatt. Yett that the designe of
the Southern Settlement might not wholy fall, Hee considered with the
freighters of the sloope that in case she miscarryed in her Virginia voy-
age they should hire Captain Edward Stanyons vessell (then in there
harbour but bound for Barbados) to pertbrme the Discovery and left a
comission with mee for the effecting it upon the returne of the Sloope or
Stanion which should first happen.

The sloope in her comeing home from Virginia loaden with victuall
being ready by reason of her extreeme rottennes in her timbers to Sinke
was driven on shoare by a storme in the night on Cape looke out (the
next head land to the north and Eastward of Cape Feare and about 20
Le: distant her men all saved except two and with many difficulties
brought by their boate through the great Sound into Albemarle River
neere the Island Roanoake (within tliis same Province of Carolina, to the
English Plantation there —

COLONIAL RECX)RD8. 121

Captain Stanyon in returning from Barbados weakly maued and with-
out any second to himselfo driven to and agen on the seas for many
weekes by contrary winds and conquered with care, vexation and watching
lost his reason, and after many wild extravagances leapt over board in a
frenzye leaveing his small Company and vessell (to the much more quiet
and constant though but little more knowing and prudent conduct of a
child, who yett assisted by a miraculous providence after many wander-
ings brought her safe to Charles River in Clarenden her desire port and
haven.

I had now a vessell to perlbrme my Southerne Expedition l)ut disfur-
nished of a Master and none here skilled in navigation to be perswaded
to the voyage, least therefore a worke so necessary to promote the settle-
ment of this Province should be poorely left without an attempt, myselfe
undertooke the office, though no better capacitated for it then a little
i-eadiug in the Mathematicks had rendered race with the helpe of a fewe
observations made whilst a passenger in some late sea voyages to divest
their Tediiuu.

On the l^**" June 1666 I entered on my charge neare six months after
the date of my Coiuission (so long had theire various accidents detained
mee) and on the 16"" I left Charles River sayling AVestward with a faire
gale att East alongst that goodly and bold ])ay which on her tw(^ Capes
Feare and Romania as on two homes procures all dangers of flatts and
shoales from her owne more gentle bosome. To make her yett more sig-
nall I named her Berkly Bay fi'om the Right Hon"' John Lord Berkly
and Sir William Berkly two of her noble Lords Proprietors.

I was accompanyed by Cap' George Cary L* Samuell Hardy L' Joseph
Woory Ens : Henry Brayne Ens : Richard Abrahall and M" Tho : Giles
and severall other Inhabitants of the County of Clarendon to the num-
ber of 17 besides myselfe (and the shipps company (which alas were but
two men and a boy) with me I tooke a small shalloope of some three
tonns belonging to the Lords Proprietors and appointed by the Lieu'
Generall for that service in which I placed Ens : Henry Brayne of some
Experience in Sea matters and two other men) soe reserving eighteen of
all sorts in the biggest vessell whose burden alsoe exceeds scarce fiveteene
Tonns.

The 19"^ in the night it being very cloudy and darke and hee att our
helme unawares bringing our vessell a Stayes wee lost Company of our
Shalloope The 22"' about 7 a clock in the morning wee made the land
and a faire River to Leward of us (haveing beene driven out to sea by a
Southwest winde from the 13 to the 21 when a strong easterly gale brought
12

122 COLONIAL RECORDS.

us in with the Shoare againe wee boi'e up to the River and a great way-
kept our depth of six and five fathum water without any sign of breakes
att length it shoaled, and wee could plainly discerne a breach) in the Eas-
terne board. The River when wee first made it bore N. W. by W of us
and by this time wee had brought it to N. W b : N : being therefore come
into two fath : water and judging ourselves on the breake of the visible
Easterne shoalings wee steered more Westerly and jjresently deepened our
Water to three fatham and soe upwards But the wind being at East and
the water Ebbing, if wee had goune more Westerly wee could not have
luf'd in wherefore I resolved (noe breath appearing all before mee) to
runn in directly with the River which nowe bore N. N. W. and in stand-
ing in that course one heeve of tlie lead wee had butt 11 foot water but
the next was two fatham which depth and between tliat and two fathum
and a half continued a great while and as wee apjtroched the Westerne
point of the Entrance it deepened soe that close aboard the point wee
found five and six fathum water and took upwards to nine fathum all
the way in it was halfe Ebbe att least when wee entered, and I am very
much perswaded that if wee had goune soe farre Westerly as till the River
had borne Xorth or N. N. E. wee had found a much deeper Channell for
though it blew a very fresh gale att East (which here is alongst shore and
Somewhat upon the Westerne Coast, yett wee could not discerne any ap-
pearance of Elatts att all to the Westward. Being come about foure or
five miles within the River I anchored and a Canoa with two Indians
came presently aboard mee and told mee that was the Country of Edistoh
and that tlie cheife towne or seate of the Casique was within on the West-
ern shoare somewhat lower downe towards the sea by which relation I
guessed this to be the same River that some English in a former dis-
covery mentioned -by the name of Grandy (if it be not rather the French
Gironde) and only sawe of att sea but entered not That it might no
longer remaine under an unceii:aine distinction I called it from that the
name of my L' Harry Haven. It lyes about 32.'* .3." The markes to
knowe it by as y^ same come from Sea are theise, The Xorth East side is
a blufe land rounding from the River and stretching East into the Sea
hence a ledge of breakers runn out South befiire the harbours mouth, on
which wee borrowed when wee made such Shoale water in our Entrance,
the Southwest side makes a sharpe lowe wet point bare of trees, a pretty
way from the entrance West and then shews a hummocke or two of thicke
shrubby trees from this point the Coast tends S. ^V. and then AA'. S. W.
just within the entrance is a shewe of a faire Creeke on the Starboard
side and another on the West or larbord side almost oposite from the

COLONIAL RECORDS. 123

uper side of the East side Creeke a Marsh Island riming ont West and
southerly almost crosse the River, edged to the seaward with a banke of
oyster shells discernable a good way to sea as the same come from the
Northward and perticularly meett with two lowe trees which in the offing
and before the oyster banke is discovered seeme as vessells riding within
the River. It flo^ys here East and West neere eight feete perjjendicnlar
att spring tides the Woods on each side entring to us seemed to consist
most of had oake, the land levell of an habitable heiglit generally with
steepe redd banks here and there appearing over the marshes, on which
in many places wee could see the feilds of Maiz greenly florishing. The
next day being the 2o'''* June I went with my boate int(j a Creek on the
East shoare opposite to where the vessell rode a very faire and deepe
Creeke or River goeing North and Easterly to appearance a long M'ay
being goune about a mile up I landed and according to my Instructions
in presence of my company took a formall possession by turfe and twigg
of that whole Country from the Lat : of 36 deg : North to 29** South and
West to the South Seas by the name of the Province of Carolina For
our Soveraine Lord Charles the Second King of England &c : his heires
and successors and to the use of the Right Hon'''* Edward Earle of Clar-
endon Geor: Duke of Albemarle, William Lord Craven, John Ijord
Berkley Anthony Lord Ashley Sir George Carteret Sir William Berkley
and Sir John Colleton their heires and Assignes according to the Letters
Pattents of our Soveraigne Lord the King. I ranged a little on either
side this Creek passed through Severall Feilds of Maiz or Indian Corn,
and following the guidance of a small path was brought to some of the
Indians Habitations, I found all the land that I passed over whether I
went back or alongst the side of the Creeke a rich fatt soyle black
mould on the topp and under mixed with a soft redd marie (which
and a stiff clay) I after found the most generall foundation of all
the laud noe swamp, noe sandy land on the outside of the W cods
some single scattring Pine trees but of the sort which is called
spruce. The rest and the Generallity of the timber being Oake, Maple,
Ash, Walnutt Popler Bayes & the trees tall and streight but not very
large growing closer together than I have scene in any other part of this
Province The reason I guesse of their being so slender) They are for the
most part a well seized building timber and some fewe wee sawe of oake
and maple that would beare three or fowre foot over a very great burthen
upon the ground and nuich of it of such groweths as wee know to be an
excellent feetling for cattle and so thick and high that it made our trav-
elling very tedious. The next day I went some miles u]) the maine Riyer

124 COLONIAL RECORDS.

and finding a Creeke ultsoe on the Eu.^t ,-,idc Nvhicli opened some groves
of Pine trees to our veiwe, I put in there purposely to see that sort of
land and found this if any the Swamps of this Country for this Creeke
carryed us into low broken Marshes and Islands of these Pine trees lying
almost levell with the water Wee landed on some of them found them
firme and dry (though severall dayes and. the very night before w^ee had
store of raine) and with(jut any signes of haveing ever beene overflowed
yett they are seemingly soe seated as that great store of raine and frequent
must necessarily stand in them The Pines are all spruce the soyle a fatt
black mould witli a scai'ce discernable mixture of sand foundee alsoe
either on marie or clay as the other lands and bearing a very great bur-
then and though on the outside Wee sawe onely pine trees yett being
entred the ^^'ood wee found alsoe Oake and severall other timber trees of
a very large seize Att a venture wee called those kind of lands pine
swamps. But I esteeme them a very profitable tillable ground and some
of my Company did after this see an Indian planted feild of this sort
which they told mee bore as tall Maiz as any. We rowed along way up
this Creeke and besides theise swamps sawe and ranged through very
spacious tracts of rich Oake land and yett wee were not past the Oyster
bankes and frequent heapes of shells nor the salt water, att my return
downe the River T sent some a shoare to range on the West side who did
constantly affirme that the lands tliere were of an equall excellency with
the best of those wee had other-u'here viewed and that they beleived itt
an impossible Injunction to be putt to march to the end of the tracts
being therefore well satisfyed with the successe of our discovery hitherto
I wayed and stood downe the River intending a short stay att the land-
ing place neerest to the cheife seate of EdistoAve whither the Indian had
intreated of mee that they might with the lesse trouble come aboard mee
to trade. When wee were here a Captain of the Nation named Shadoo
(one of them which Hilton had carryed to Barbados) was very earnest
with some of our company to goe with him and lye a night at their
Towne which hee told us was but a small distance thence I being
equally desirous to knowe the forme manner and populousnesse of the
place as alsoe what state the Casique held (fame in all theise things prefer-
ring this place to all the rest of the Coast and fower of my Company
(vizt) L* Harvey L' Woory M" Thomas Giles and M"" Henry Wood-
ward forwardly oifring themselves to the service haveing alsoe some In-
dians aboard mee who constantly resided tliere night & day I permitted
them to goe with tliis Shadoo they returned to mee the next morning
with great coincndatioiis of their Entertainment but esjjecially of the

COLONIAL RECORDS. 125

goodnes of tlie land tlioy luarcht through and the delightfull scituation
of the Towne, telling inoe withall that the Casslque himsselfe appeared
not (pretending Some indisposition hnt that his state was supplyed by a
Female who received them with gladnes and courtesey placeing my L'
Harvey on tlie seat In- her, their relation gave myselfe a curiosity (they
alsoe answering mee that it w;i.s not above foure miles oif ) to goe and see
that Towne and takeing with mee Cap' George Cary and a file of men I
marched thither ward followed by a long traine of Indians of whome
some or other alwayes presented himselfe to carry mee on his shoulders
over any the branches or Creeks or plashy corners of Marshes in our
way. This walk though it tend to the Southward of the West antl con-
sequently leads neere alongst the sea coast yett it opened to our view soe
excellent a Country both for ^^'ood land and Meadowes as gave singular
satisfaction to all my Company Wee crossed one Meadow of not lesse
then a thousand Acres all firme good land and as rich a soyll as any
clothed with a fine grasse not passing knee deep but very thick sett and
fully adorned with yeallow flowers. A pasture not inferior to any I have
seene in England the wood land were all of the same sort both for tim-
ber and would wath the best of those wee had ranged otherwhere and
without alteration or abatement from their goodnes all the way of our
march Being entered the Towne wee were conducted into a large house
of a circular forme (their generall house of State) right against the en-
ti'ance was a high seate of sufficient breadth for halfe a dozen persons on
which sate the Cassique himselfe (vouchsafeing mee that favour) with his
wife on his right hand (shee ■nlio had received those whome I had sent
the evening before) he was an old man of a large stature and bone.
Round the house from each side the throne quite to the entrance were
lower benches filled with the whole rabble of men women and children,
in the center of this house is kept a constant fire mounted on a great
heape of Ashes and surrounded with little lowe formes Captain Cary and
myselfe were placed in the higher seate on each side the Cassique and
presented with skinns accompanied with their ceremonyes of Welcome
and friendshipp (by stroaking our shoulders with their palms and suck-
ing in theire breath the whilst) the Towne is scituated on the side or
rather in the skirts of a faire fbrrest in which att severall distances are
divers fields of Maiz with many little houses straglingly amongst them
for the habitations of the particular families. On the East side and part
of the South It hath a large Prospect over Meadows very spatious and
delightfull, l)efore the Doore of their Statehouse is a spacious walk
rowed with trees on both sides tall ct full branched, not much unlike

126 COLONIAL RECORDS.

to Elmes which serves for the Exercise and recreation of the men who by
couples rnnn after a marble bowle troled out alternately by themselves
with six foot staves in their hands which they tosse after the bowle in their
race and according to the laying of their staves winn or k»ose the beeds
they contend for an Exercise approvable enough in the winter, but some-
what too violent (mee thought) for that season and noone time of the day,
from this walk is another lesse aside from the round house for the chil-
dren to Sport in. After a few howres stay I retorned to my vessell with
a greate Troope of Indians att my heeles. The old Cassique himselfe in
the number \\ho lay aboard mee that night \\ithout the society of any of
his people some scores of which lay in bopthes of their owne imediate
erection on the beach. — While I lay here I had perfectly understood that
the River went through to another more Westerly and was passable for
our vessell and alsoe that it was not much more than a tides worke
through through. This increased my desire of pa.ssing this way especi-
ally being perswaded that this next River was J(.)rdan (Hilton intimate-
ing as much in his Journall and mapp) wherefore on the 27'^ of June
with the help of the tide of flood (the wind being contrary) I turned upp
the River soe haveing oportunity to tiy the whole channell which I
found generally mid and between that and six fathum deepe and bold
home to each shoare till wee were come about 10 miles from the harbours
mouth where the River was contracted between the marshes yett here
(except in one or two places where some flatts narrowed the passage) wee
seldom founde lesse then five fathum water. The river being narrowe
and variously winding noe gale would att any time serve us long soe that
wee were forced for the most part to towe through and that often against
the winde which proved very tedious nor could wee passe but by day,
which with lying two tides a ground to stopp some I^eakes made it Sun-
day morning the first of July before wee came into the next Westerly
River, and by it into the Sea again. Though by the Travers I tooke of
our course I found it performable with light boates in one tide of flood
and an Ebbe. The passage is. generally betweene the River and Wood
especially on the Island side on the East or Maine side of the Marsh is
much narrower and in many places the river runns close under the banke
of wood land which wee had the oportunity es to view and found it to
continue its excellency without change or dimuntion, The Indians alsoe
that inhabitt the Inner parts of it assuring us that it was all alike. The
next Westerly River is a pretty faire river not lesse broad then Harvey
Haven But its Channell more crooked narrow'd and Shallowe, the West
side of itt (as wee found afterwards is but a necke of land haveing a

COLONIAL RECORDS. 127

Creeke or two which seeme to goe through into the next River It is for
the generallity th-owned marshes alsoe yett in some places the bank is
high crowned here and there with small groves of wood, consisting of
dry plantable land surrounded a good space with a firme meadowe or
pasture Land and presenting most delectable Seates for Summer recesses.
I did a little wonder to see the Sea and no appai'ent open passage
first to the Westward as I expected (still imagining this to be the River
Jordan) and ^^"hen I was come out of it into the sea and sawe none of
those markes which Hilton had prefixed to Jordan I was in a great puz-
zell to knowe where wee were gott. Nothing of the coast raakeing like
those drafts which Hilton had given of itt, But the winde first dying
into a calme and then againe blowing contrary with some ^Menaces of an
evening storme I putt into the Ri\'er againe and being anchored went a
shore on the east point of the Entrance where I found Shadoo (the Cap-
tain of Edistow that had beeue with Hilton att Barbados) and severall
other Indians come from the Towne by land to see for our comeing forth
of whome I asked whether this wan the River which Hilton was in,
they told mee noe butt itt was the next River, This assured mee that
Jordan was yett further and that Hilton had noe knowledge of this
River and see could not lay it doMiie I demanded the name of this River
they told mee Edistowe still and pointed all to be Edistowe quite home
to the side of Jordan, by M^iich I was instructed that tiie Indians assigne
not their names to the Rivers but to the Countryes and people, amongst
theise Indians was one who used to come with the Southern Indians to
trade M'ith us att Charles Towne in C'larendon and is known to us by
the name of Cassique hee belongeth to the Country of Kiwaha and was
very earnest with mee to goe \vith my vessell thither assuring mee a
broad deepe entrance and promising a large -welcome and plentifull enter-
tainment and Trade I told him I must first goe to Port Royall and that
in my return I would see his Country, but for his better seciu-ity hee
would needs accompany mee to Port Royall and soe bee my Pilate (as
hee made mee understand) tor their River and presently hee sent away
his Companion to give notice to the chiefe Cassique of the place of my
Intention that hee might prepare for my comeing and himselfe went on
board with mee. That evening blewe a storme of winde att S. W (the
frequent sommer stormes on this coast) soe violent that (though in the
River) I durst not trust to my ordinary roade, but kept my short anchor
underfoot —

With the riseing of the morne I weighed and stood out to sea haveing
an Easie Gale att N. E. and a Tide of Ebbe. INIv course out Lay S. E.

128 COLONIAL RECORDS.

between two bankes of shoales lesse then halfe a mile distant I choase
rather to keep in the sounding of the Easterne then of the W. Flatts,
both because the winde was Easterly and soe I could beare up from them
when I would and alsoe because haveing both in goeing out and comeing
in the day before borrowed on the Westerne shoalings I should by this
Easterly Course take knowledge of the whole channell, I was scarce shott
a mile without the Eastermost point of the Entrance but the winde
wholv left mee and the Ebbe (which the flatts on either side makeing soe
faire a lane I expected should sett directly out to Sea) did runn with soe
strong a current over the Easterne sands that att the second heave of my
lead I was cast from two fatlium into six foot water and I drewe five
into a rowling sea on the very edge of a breach) I had no way but ime-
diately to lett fall one anchor soe to stay the vessell from precipitating
on her ruine whilst I might carry forth another Anchor to warpe her
into deepe water The first was presently downe but to gett out the sec-
ond which was to confirme our safety proved hughesly difficult [Wee lay
in soe tumbling a sea that our boate could not bee brought to our bowe
without danger of staveing, I had but two men with mee entered to Sea
labour and the most spirited and active part of my company were Gen-
tlemen but little used to any labour, one of the seaman must necessarily
stay within board to deliver the anchor and Cable that was to be carryed
out however the danger made every one give his best helpe and with
much adoe the boate is brought to the bowe and the Anchor put into her
but all our strength could not stemme that Tide of Ebbe which had hur-
ried us into the perill and must therefore be encountered in the way to
bring us out, but a starne wee fall against the whole force of our Oares,
A second attempt is made with doubled strength but one breakes his
shoales another his Oare and nowe cumbered with our owne vessell num-
ber in a boate of scarce ecjuall seize we l)ecame rather weaker than at
first yett we have noe other way left but this to prevent our weake
(heaven not yielding us one breath of aide) therefore to worke wee goe
againe and refix our boate, but in theise past fruitles performances soe
much time had beene spent as had given the Ebbing tide a further ad-
vantage against us to the allmost perfecting our destruction for by
this time the vessell by her repeated stroakes as it were to res-
cue herselfe from those inhospitable sands, gave us warning that
her condition was well neere desperate, yett out goes our boate
againe and god mercifully improved our strength to the getting
forth an anchor though not much farther than our vessells length)
yett soe farre as brought us into two fathum water the banke on which

COLONIAL IIEOORDS. 129

wee had grounded proveing steepe to, by reason which wee the more
easily wrought ourselves out of those unkind embraces and to the praise
of the Almighty Deliverer were snatched from either an instant descend-
ing into the Gorge of the uusated Ocean or the more slow and painfull
progresse to our ends in a naked exposure amongst Nations whose piety
it is to be barbai'ous and Gallantry to be inhumane. This ill Enter-
tainment made us brand the place with the name (tf Port Perrill, it lyes
in the Lat: of 32* 25" or therabouts and may be known when vou are
in the very entrance by its Easterne point which is a very lowe point of
Land bare of trees or other growth save a i'ewe stragling shrubbs, hence
the River goe in N N W and N. W. b : N. a small Greeke running in
East just ^A'ithin the point The Coast hence to the Eastward tends neerest
E. b: X. ^vith Sandy bayes and appeares even and l>luft'c with trees when
you are in the offing the Westerne part of the Entrance lyes within as
in a deep bay and beare from the East, point N. W. b: W. or W. X. W.
about two miles It is a bare sandy bay with a fewe shrublis next the River
and thinn scattering Pine trees — more Southerly the Coast thence AVest-
ward tends S. S. W. and all between this and Jordan shewes with severall
hummacks like broken land or Islands when you are off liefore itt and
especially next to Port Perill appeares a wide opening as of a River but
it is nothing but but bare sandv bayes or oyster bankes with lowe Marshes
behind them Jordan or as wee now call it Yeamans harbour from the
name of our L* Generall opens about two leagues to the Westward of
this between two bluffe lands from the AA^estermost of which the Xorth
East end of an Island which from Cap' Cary wee named Gary Island)
runns out E S E and makes all the Coast between it and Port Perrill
lye in the forme of a deepe bay all bet^veene Yeamans Harbour and Port
Perrill are shoales and foule ground which from the West Point of Port
Perrill runne out S. E. before the mouth of Yeamans Harbour to almost
an even range with the outermost face of Cary Island From the East
Point of Port Perrill a Rowe of breakers range themselves parrallell
with the Westerne shoales, and ^\•ere the same which had like to have
proved so fatall to us att our coming out thence neere a League within
Port Perrill are three distinct groves of trees elevated on pretty high
bankes with lowe Marshes in easy interval they lye neere E. and West
and when you are soe farre south an Westerly as that the lowe sandy
point off the Entrance wholy disappeares Theise shewe themselves as
though the mouth of the River were betweene two bluife lands with a
round woody Island in the middle of itt, in steering in if you come from
the South and Westward, keepe East in three fathum water till you bring
13

130 COLONIAL RECORDS.

this seeming Island to touch the Easterne bluffe head and then stand in
N. W. by N. and N. W. with the head land rather takeing the sound-
ings of the Easterne flatts then of the W. if the winde will permit and
you will have two fatlium water little more or lesse all the way in att
lowe water as you come neere in you will discerne the Eastern lowe sandy
point betweene you and that bluile land and the sandy bayes — along the
Easterne Coast steering in Avith that sandy point and you will deepen
and have five fathum water close aboard it.

After wee were gott cleare of the sands the Ebbe being doune and the
gale springing up wee made sayle and stood out to sea but wee were not
got farre ere the wind shifted to South East and the flood sett soe strong
into the narrowe bay that wee could neither board it out nor gaine to the
Westwai'd of the shoales which lye before Yeamans Harbour so to runne
in there, wherefore I came to an Anchor in three fathum water till the Ebbe
att least might helpe us to worke out against the winde whilest wee rode here
wee espyed to our great rejoyceing the Shalloope whome wee lost the lO* of
June in the night shee was come forth of Yeamans harbour and stood to
and againe before the Southwest Coast betweene it and Cary Island to
shewe herselfe not being able to come out to us for the same reason that
kept us imbayed, wee alsoe fired a gunn and putt out our Colours to lett
her knowe that Mee sawe her but could not gett to her for the flatts that
interposed.

To goe into Yeamans Harbour Hiltons direction is (and itt seemed true
to mee as I lay befoi'e itt though I went not in) to goe in on the West
side of the shoallngs which are opposite to the mouth thereof and which
are contiguous with tlie flatts of Port Perrill giveing a ledge of Iweakers
that lye before the south west Cape of the Entrance a small birth and
soe to steere in with the North East land of the Entrance and the least
depth he sayes is two fathum att lowe water and soe upwards to six or
seaven fathum when you come neere under the said Easterne land But I have
understood since from Ens: Brayne that betweene that Lodge of breakers
which lye beti)re the S(juth West Cape and the end of Cary Island is a
Channell which hee aflirmes has about three fathum water where shoalest
which alsoe when you are past that lodge of breakers sett over to the
North East land of the Harbours mouth The Ebl;)e nowe beginning to
make wee weighed and plyed off to sea with some difficulty boarding it
out of the dangerous and foule bay wherein still about three leagues from
shoare the deepest water we could finde was scarce three fathum and in
our turning wee generally into a fathum and a halfe on each side and
this though it was high water, a jjlace to be attemjited with Care when

COLONIAL RECORDS. 131

the winde is oft' a.s now it is by night wee were got cleere of all danger
into six and scaven fothuni water I stood off and on all night and in the
morning found my selfe off" the sealx)ard side of Cary Island in the mid-
dle betweene two openings this Island fills up almost the whole space
betweene Yearaans Harbour and Port Royall, to seaward it makes an
even smooth land pretty bluife with trees and tends south west and North
East about three leagues in length It shewes two small openings neere
Equidistant from either end and from each other from the Westermost
opening all Westward the Coast is bold Five fathum water within halfe
a league of the shoare more Easterly it is not so deepe.

The morning was calm and soe continued till about two o'clock after-
noon when a fresh gale sprang up att North East which in a short time
opened to us AVoory Bay and the mouth of Port Royall Woory Bay of
L' Woory is made by tlie South Westei-ly end of Cary Island and the
Southermost Cape or headland ^^'ithout Port Royall (called from the first
discoverer Hilton head N\-hich is the fiirthest land in sight as you come
from the Northeast ak)ng by the end of Cary Island whence it beares
neerest S. W. and is bluffe with trees large and tall ^^•hich as you
approach them seeme to looke their topps in the sea, Port Royall mouth
opens in the bottome of this Bay neerest to the Westward side thereof
the opening is wide little lesse then two leagues The Westermost land
of it running out almost South to Hilton head and baying in like a halfe
bent bowe makeing the West side of Woory bay from the East side of Port
Royall the land tends away east Northerly into Giles streights (the passage
on the backe side of Cary Island named soe from M"' Thomas Giles) and
formes the bottum of Woory Bay Before this part of the Coast and the end
of Cary Island in all the Easterly part, of the bay. It shoales and very
uneven ground unsafe to meddle with towards the Eastermost angle of
it oposite to the entrance into Giles streights lyes a sand hill pretty high
with some smaller about it visible a good distance off in comeing from
the Westward as you part from Cary Island steere away S. W. with Hil-
ton head and you will soon thwart the Channell of Port Royall which
you will finde by the deepening of the water from five to seaven fathum
and upward. It lyes neerer towards the West Land and runns
in N. N. W. towards the Easterne land of the Entrance (by us called
Abrahall point) haveing seldom so little as seaven fathum water all
the way in. The shoales in the East part of the bay lye poynting out a
good way to sea therefore it wilbe safe for shipps of burthen to kcepe out
till they have brought Hilton Head to beare about N. N. E. from them.
' When I had opened Woory Bay sayling S. W. along by the end of Cary

132 COLONIAL RECORDS.

Island 1 had bi'uuglit the Sand hills within a siteurne of mee I luffed
into the bay to try the soundings of that Eastermost part of itt and af-
ter a little while came on the shoalings and found them so uneven that
it was ordinary to differ two fathum in the heave of a lead Being there-
fore satisfyed with the dangerousnes of this part of the Bay I bore up
againe and stood away with Hilton Head erosse some of the shoales till
I came to seaven eight and to about tenn fathum water. Then I steered
away with the body of the West land betweene Hilton Head and the
Entrance of Port Royall and shoaled ui>' water by degrees to six fathum
(which deptli continued a good while and att length to five and foure
fathum and to three within less tlien a mile of the woodside Then I
brought my tacks al)(iard and stood Xorth Easterly to gett into the
channell againe and after some time deepened my water to five six and
seaven fathinn I then steered away with the East land of the River
within Arahall point still deepning my ^vate^ till att length the Ebbe
being strong and wee makeing fresh way against it with a large winde I
could not for a good space strike ground \\ith my lead. — ^Vbout midnight
the third of July I came to an Anchor within the River in seaven fathum
water the least depth I could then finde) a little above the Entrance into
Brayne sound or the passage which goes through to Yeamans Harbour
soe called from Ens : Brayne who twice sailed itt I woidd advise all who
enter Port Royall to goe in upon the s(jundings on the west side of the
Channell till they come a good way within Hilton Head. That side
being the evenest ground and freest from all danger They may keepe in
six and seaven fathum all the Avay in and then as they steere more Easterly
to^vards Abrahall point they will finde it much deeper It flowes here E.
S. E. The next morning I removed opposite to the principall Indian Towne
and then anchored before itt where I had nott ridd long ere the Cassique
himselfe came aboard mee with a Canoa full of Indians presenting mee with
skinns and l)idding mee welcome after their manner I went a shoare with
him to see their Towne which stood in sight of our vessell Found as the
forme of building in every respect like that of Eddistowe with a plaine
place before the great round liouse for their bowling recreation att the
end of which stood a faire woodden crosse of the Spaniards Ereccon But
I could not observe that the Indians performed any adoration before itt,
All round the Towne for a great space are severall fields of maize of a
verv large growth the soyle nothing inferior to the best wee had seene att
Eddistowe apparently more loose and light and tlie trees in the woods
much larger and ranged at a greater distance all the ground under them
burthened exceedingly and amongst it a great variety of choice pasturage

COLONIAL RECORDS. 133

I saw here besides the great number of peaches which tlie more north-
erly places doe alsoe abouiul in some store of ligge trees \'erv large and
faire both fruite and plants and diverse grape vines which thovigh grow-
ing without culture in the very throng of weedes and bushes were yett
filled with biuiches of grapes to admiration. It was no small rejoycing
to my Companv (who began to feare that after Edistowe they should see
nothing equally to content them) to find here not onely a River so much
superiour to all others on tlie Coast Northward but alsoe a Country
which their fancyes though preengaged could scarce forbeare to preferrc
even tliat wliich but a little before they had concluded peerlesse. The
To\\'ne is scituatcd on an Island made by a branch wliich cometh out
of Brayne sound and falleth into Port Royall about a mile above where
wee landed a Scituation not extraordinary here rather the whole Country
is nothing else but severall Islands made by the varit)us intervcnings of
Rivers and Creeks yett are they firmc good lands (excepting what is
Marsh) nor of soe small a seize but to continue many of them thousands
of acres of rich habitable wood land whose very bankes are washed by
River or Creeke which besides the fertility add sncli a comodiousnesse
for portage as fe^'e countrys are equally happy in.

After a fewe hourcs stay to viewe the land about the Towne I retorned
to my vessell and there found Ens: Brayne with his Shalloope come that
morning through Brayne sound from Yeamans harbour att the mouth of
which wee had seene him two dayes before Hee told niee that the same
morning that I made Harvey haven hee came in with the shoare more to
the Eastward and sayled along it till towards evening when hee entered
Yeamans harbour supposing it Port Royall and not findeing race there
nor any knowledge of mee and guessing that I might be more Southerly
hee came through to Port Royall and acquainted himselfe with Wommony
the Cassique sonne (who had alsoe beene att Barbados) whom hee easily
prevailed with to beare him Company from place to place into severall
Creekes and branches betweene this and Yeamans harbour soe beeomeing
both his Guide and protection that he had by this meanes a large leasure
and oportunity of veiwing all that part of the Country which he did soe
loudly applaud for land and rivers That my Companies Conaendations of
Eddistowe coidd scarce out noise him, — sufficiently satisfied with this
relation (confirmed by those with him I resolved to loose him no time in
a second search of that parte but to goe a tides worke up the maine River
and see the body of the Country, and at my retorneto enter a fai re Creeke
on the West sluyarc opposite to where the yessell rode, and soe to viewe
that side which Ens: Brayne had not medled with being the more desir-

134 COLONIAL RECORDS.

ous alsoe to trye this Creeke because the Indians reported that it lead to
a great Sontherne River which peireeth farre into the continent and I
suppose may be the frenchmens river May or the Spaniards S' Mathias,
with the Flood therefore and a favourable fresh Gale of winde I sayled
up the River In the shalloope neere thirty miles passed where it devides
itselfe into two principall branches the Westennost of which I went upp
and conceiving myselfe nowe high enough I landed, here I found the
Ground presently within to rise into a pretty lull and as I ranged
fiu-ther I crossed severall fine falls and riseings of land and one
brooke of sweete water which rann witli a mourmoring course betweene
two Hills a rarity towards the sea Coast (to M'liich our former searches
had beene confind in which wee had not seene any fresh water but in
wells which Inconvenioncy was not to be borne with were it not to be
healed l)y the easie sinking of Wells every where The land here was
such as made us all conclude not only a possibility that Eddistowe might
bee but a certainty that it was exceeded by the Country of Port Royall —
Being fully tired with our March through a ranke growth of vines, bushes
and grass which everywhere follo\Aed our leggs and proclaimed the rich-
nes of the soyle I retired to my boate and with the Ebbe towards our
vessell wee passed diverse faire Creekes on eac-h side the river but entered
none, haveing not much time to spare and being satisfyed by the sorts of
wood wee sawe and the bankes that the land \\'as all of like goodnes to
what we had already veiwed only in one jjlace the land seemeing lower
than usuall and wuth a great mixture of pine (or rather spruce) I went
in there and after I was somewhat A\-ithin the woods found it very plashy
and water standing everywhere in holes about ankell deepe or deeper
caused as I thinke by the late raine which had fallen somewhat plenti-
fully for there appeared no sign of constant swampis hues (as in the Ci-
presse swamps more northerly) nor anything that might discourage the
manureing it. The morning was pretty faire spent ere I came downe to
the vessell again wherefore I made haste and changed my Company and
then crossed the River into that Westerne Creeke I spoke of which after
three or fowre miles opened into a great sound full of Islands of difterent
sizes Southward It went into the Sea by two or three out letts in our
sight westward Wee still opened newe branches some bigger some lesse
like those wee had already passed and found to crumble the Continent
into Islands; I spent the remainder of this day and the best part of the
next in this sound went a shoare on severall Islands found them as good
firme land as any wee had seene, exceedingly timbred principally with
live Oake and larger cedar and bav trees then anv I had seene before on

COLONIAL RECORDS. 135

all the Coast In one of them wee entered a pleasant grove of sprnce
Shading a very cleare pastnre of fine grasse in which we rowzed a brave
herde of deere and thence called it the Discoverers Parke. This Island
conteines some hundred of acres and both wood and Marsh proper for
planting grazeing and for feeding swine and all the Islands of this Soiuid
that were in our veiwe (some fewe small ones excepted that were onely
Marsh) are in all appeareance alike good proportionable to their biggnes
with high bankes richly crowned with timber of the largest size soe that
of what we sawe in this sound onely might be found habitations for
thousands of people with conv^eniencyes for their stock of all kinds in
Such away of accomodation as is not comon, And if the Sound goe
through to such a great River as the Indians talk of (which seemes very
probable) It will putt an additionall value upon the Settlement that shall
be made in it, It abounds besides with oyster bankes and such hcajjs of
shells as which noe time cann consume but this benefitt it hath but in
comon with all the Rivers betweene this and Harvy Haven which are
stored with the necessary materiall for time for many ages and lying soe
conveniently that what ever neere river or creeke you cann thinke fitt to
sett a house there you may place your lime kill alsoe and possibly in the
banke just by or very neere finde stay for your bricke kill &c: the great
and frequent sculls of Fish wee mett with gives us expectation of advan-
tage and imployment that way alsoe In sume wee ci)uld see of nothing
here to bee wished for but good store of English Inhabitants and that
wee all heartily prayed for, I gave my name the Honour of calling this
sound by it, and do believe that if this place bee setled by us it may
hence receive a longer duration then from any access within the reach of
a rational hope.

Within night I retorned to the vessell and the next day being the T"*
of July I took in some fresh \vater purposing that night to leave Port
Royall and retorne homeward haveing in the discovery already made, ex-
ceeded all our o^vn and therefore confident to ansM^er all other Expecta-
tions besides each mans proper occasion hastened him and the considera-
tion of the charge of the vessell hired att five and twenty jiounds ster-
ling "^ month made us earnest not to detaine for a minute o( time un-
necessarily. We alsoe designed our selves some dales to see the Country
of Kywaha one of whose Inhabitants remained still with us for that
onely purpose But a little before night the Cassique of Port Royall come
aboard and brought with him a proper young fellowe whome hee made
mee to understand to be his sisters sonne He demanded of mee when I
would retorne thither and shewing mee the moone asked whether within

136 COLONIAL RECORDS.

three times of her eompleating her orbe, I told him noe, but in tenn
moiithes I would, he seemed troubled att the length of time and as it were
begged mee to come in five, but I continued my first given number. Att
length hee gave mee this young fellowe told mee hee should goe and re-
torne with mee and that I must clothe him & then hee asked mee when I
would sayle I told him presently that night but hee very much impor-
tuned mee to stay untill the next day that he might prepare mee some
venison and made signes as hee parted that if in the morning hee should not
see mee hee should crye and soe hee left mee and tlie Indian with mee I was
somewhat pleased with the adventure haveing before I came on the discov-
ery wished that if I liked the Country I might prevaile with the Indians to
lett one of their Nation goe with mee I leaving an Englishman in their
roome for the mutuall learning their language And to that purpose one of
my Company M' Henry ^^'oodward a chirurgeon had before I sett out as-
sured mee his resolution to stay witli the Indians if I should think con-
venient wherefore I resolved to stay till the morning to see if the Indians
would remaine constant in this intention, according to w^hich I purpose
to treat fiu-ther with them on the morrow therefore I went a shoare to
their Towne took Woodward and the Indian with mee and in presence
of all the Inhabitants of the place and of the fellows relations asked if
thev approved of his going along with mee, they all with one voyee con-
sented after some pause I called the Cassitpie and another old man (his
second in authority) and their wives and in sight and heareing of the
whole Towne delivered Woodward into their charge, telling them that
when I retorned I would require him att their hands they received him
with such high Testimonyes of joy and thankfullness as hughely con-
firmed to me their great desire of our Friendshipp and Society. The
Cassique placed Woodward by him upon the Throne and after lead him
forth and shewed him a large field of jNIaiz which hee told him should
be his, then hee brough him the sister of the Indian that I had with mee
telling him that shec should tend him and dress his victualls and bee care-
full of him that soe her brother might l)ee the better used amongst us —
I stayed a while being wonderous civilly treated after their manner and
giveing Woodward formall possession of the whole Country to hold as
Tennant at Will of the Right Hon*'° Lords Proprietors, I retorned aboard
and i mediately weighed and fell downe —

An Indian that came with mee from Eddistowe with Intention to goe
noe further then Port Royall seeing the kindnes and mutuall obligation
betweene us and the people of this place that his nation and tribe might
bee within the League voluntarily offered hirnselfe to stay with mee alsoe

COLONIAL RECOUPS. 13^

and would not bee denyed, and thinkinii- tliat soe hcc sliould bee the
more acceptable hee caused hini.selfe to bee shoaren on the Crowne after
the manner of ths Port Royall Indians, a fashion which I guesse they have
taken from the Spanish Fryers, thereby to intiratiate themselves with
that Xation, and indeed all alontj I oliserved a kind of emulation amongst
the three prineipall Indians of the Country (vizt:) those of Keywaha
Eddistowe and Port Royall concerning us and our Friendsliipp each con-
tending to assure it to themselves and jealous of the other though all be
allyed and this notwithstanding that tliey knew wee were in actuall wari'e
with the natives att Clarendon and had killed and sent away many of
them For they fr('(|iicntly discoursed wirli iis concerning tlic \\arre, told
us that the Xntives were noughts, the land sandy and l)arren, tlieir Country
sickly, but if wee would come amongst them wee should tindc the con-
trary to all their evills, and never any occasion of discliargeing our gniuis
but in merryment and for pastime.

The 10"' of July in the morning I was fiyre before the River that
leadeth into the Country of Kywaha !)ut tlie Indian of the place who
undertooke to bee my guide and stayed all this while witli nice for that
onely purpose would not know it to be the same but confidently and con-
stantly affirmed to mee that it was more easterly an<l att h'ligth when F
was almost neere euyugh to g((e in witli great assiu'cance and .biv he
shewed mee a head land not farre ott' about whi<'h he iittirmed tlie en-
trance to bee. This confidence of his made mee stand away but bv that time
I had sayled some two leagues hee sawe his Error when it was too late,
for nowe the winde was soe that I couhl not fet<'h the River againe and
if it had been fayre I was sure not to enter it before night,- and I did
not like the Complexion of the Heavens soe well as to trve that night
upon the Coast.

The River lyes in a IJay between Harvey Haven and Cape S' Roniana
wherein wee found 7 or 8 fathum water very neere the shoare, and not
the least appearance of shoales or dangers in any part of itt It she\Ae«
with a very faire large opening cleare of any flatts or barre in the En-
trance onely before the Easterne Point wee sawe a breach but not farre
out I perswade myselfe that it leads into an excellent Coiuitry both from
the Comendation the Indians give itt and from what I sawe in mv rang-
ing on the Easterne part of Harvey Haven the next neighbouring land
to this wherefore in hopes that it may prove worthy the Dignity I called
it the River Ashley, from the Right Hon"" Anthony Lord Ashley and
to take away every little remaine of forraigne title to this Province I blot-
ted out the name of S' Romane putt before the next Easterly Cape
14

138 COLOlSnAL EECORDS.

and ^\•ritt Cape Cartrett in the roome to evidence the m(jre reall rijrlit of
8"' George Cai'trett as liee is a Lord Proprietor of Carolina —

The 12* of Jnly about noone I entered Charles River and before darke
night landed at Charles To^vne in the County of Clarendon to the great
rejoyceing of our Friends who yett received not our jiersous moi'e grate-
fully then tlu'v did the Sound Comendations which they heard from every
one of us without one dissonant note of that never enough to be valued
country which wee had scene and searcht in which may be found ample
Seats for many thousands of our Nation in a sociable and comfortable
vicinity secured from any possible genei'all and from all probable particle
Massacres with such other accommodations to boote as scarce any place
cann parralell in a clime perfectly temperate to make the haliitation pleas-
ant and where such a fertile soyle cannot faile to yeild soe great a variety
of Productions as will not give an absolute selfe subsistance to the place
without all manner of necessary forraigne dependance but alsoe reach a
trade to the Kingdomc of England as great as that shee has with all her
neighboars and render our Soveraigne Lord the King within his owne
Dominions and tlic Lands possessed by his Natural English subjects
universall Monai'ch of the Traffique and Comodity of the whole World

ROBT: SANDFORD

For a further continuation hereof take this Testimonial! given of this
Country by the principall Gentlemen with mee in this Discovery who
have attested under their hands as much as I have sayd and yett noe
more tlian what thousands had they been there would alsoe have
affirmed —

Clarendon

in
Carolina

Wee whose names ai-e hereunto subscribed having accompanied L' Col :
Robert Sandford in a voyage of Discovery on the Coast and Rivers of
this province to the Southward and "West^^•ard of Cape S' Romane as
farre as the River Port Royall and being all of us persons Mell experi-
enced in the nature and qnalitves of the severall soyles in theise Regions
and some of us by meanes of our Tra^•ells throughly acquainted with
most parts of America Northerne and Southerue Continent and Islands
Doe hereby declare and testefie to the whole World that the Coiuitrv
which we did and see from the river Grandy nowe Harvy Haven to Port
Royall inclusive doth for richnes and fertillity of soyle for excellency of
Rivers, havens, Creeks and Soimds for abimdance of good Timber of
diverse sorts and many other requisites both to land and sea building and

COLONIAL KECOiiDW. 139

tor .suiidrv rare accoiniiKMlatioiis both for Navigation and Plantation ex-
ceed all places that wee know in possession of onr Nation in tlie West
Indies and wee doe assure ourselves that a Colony of P^nglish here
planted with a moderate support in their Infant tendernes would in a
very short time improve themselves to a perfect Comonwealth injoyin<>- a
selfe sufficiency of all the principall Necessarves to life and ahounding;
with a greiit variety of superfluetyes for the Invitation of Forraigne
Comerce and trade and which for its scite and production woidd be of
more advantage to our Native Country the Kingdome of Elngland and
to the Grandeur of our soveraigne Lord the King his Crowne and dig-
nity then any (we may say all) his t)tlier Dominions in America And wee
doe further avouch that this Country may bee more securely setled and
cheaply defended from any the attempts of its native Inhabitants then
any of those other places which our Countrymen iia\'e retincd from the
Drosse of Indian IJarbarisnie In Witnes whereof wee have hcreinitu sett
our hands this 14"' of July 1GG6.

HENRY BRAYNE. GEORGE CARY
RICHD: ABRAIIALL. SAM" HARVEY
THOMAS GILES. JOSEPH WOOLiV.

[B. P. R. (). Coi.oNrAL Papeiis. Vol. 20. No. 104.]

A COMMISSION FROM Y' GCJVER'- OF MARYLAND TO
M^ THOMAS NOTLY et OTHERS TO TRFAT
ABOU^r A CESSATION OF PLANT-
ING TOBACCO.

June 26"' IGOG.
Charles Calvert Esq''" Ijieutent: Gen" and Chief govern'' of the
Province of Maryland to Phili]) Calvert Esq''" Henry Coursey Esq"',
Nathaniell ITty, Thomas Notley, Robt Slye, Mars'" Thomas Brooke Esq""'
Greeting, Whereas at an Assembly of the freemen of this Province, and
their Delagates held at S' Maryes the 10"" day of Aprill one thousand six
hundred sixty and six. There passed an Act entitled, An Act for en-
couragement of Trade, Wlierein it is enacted that from & after the first
day of February which sliall l)e in this present yeare one thousand six
hundred sixty and six till the first of February one thousand six hun-
tlred Sixty & seaven, no tobacco shall be so>\'iie, sett plantetl or any \\aies
tended in this Province of Maryland. Provided that the Hon'''" Sir Wil-
liam Berkeley and the Asseniblv in Yirgiuia, and AV™ Drummond Flsfi''"

140 COLONIAL RECORDS.

guveruu' of Carolina and the Assembly there doe make tlie like Act in
their Severall & respective Assemljlies, prohibiting the sowing, setting,
planting, or in any waies tending any Tobacco in tlie said yeare within
their severalle and respective jnrisdicons. And fnrther whereas it is pro-
vided by the said Act that you the said Philip Calvert, Henry Conrsey,
Nathaniel Uty, Thomas Notley, Robert Slye and Tliomas Brooke or any
three of you be sent Com'" from mee with full power to treated conclude
upon a total cessation from sowing, setting, ])lanting, or in any waies tend-
ing an V Tobacco in and during the said yeare with the said S'' W" Berke-
ley and the said \\'"' Drumniond or Com'" fi-om them and their respective
Assemblies, to be impout-rcd to the like one intent and pur])osc obliging
all personncs whatsoever within this Province to observe whatsoever you
the said Phili|t ( alvert, llenry Coursiy, Xathaniell Uty, Thomas Notley,
Rol)ert Slve and 'Hiomas Brooke, ov any three or more of you shall
agree upon w ith the said S' \\'"' Berkeley and M'" Drununond Esq'" or
the Com'' by tlu'm or their Assemblyes to be impowered as aforesaid
tending only to the etfectuall Execution of that Act as by the said
Act (relaa)n being thereinto had) more at large appeareth, Now know yee
that as well for the Contidence I have in you the said Philip Calvert,
Henry Conrsey, Nathaniell Uty Thomas Notley Robert Slye and Thomas
Brooke as for that you were nominated Com" by the Assembly aforesaid.
Have constituted, appointed and ordeyned and empo^\■ered and doe by
theis Presents Constitute, appoint ordeine and impower you the said
Philip Calvert, Henry Coursey, Nathaniell Uty, Thomas Notley, Rob'
Slye and Thomas Brot)ke or any three or more of you Commission'^' to
treate w*^ the said S"' W"" Berkeley and W" Drummond or Commission-
ers from them and their Respective Assemblies as aforesaid And upon
the said Treaty to agree and Conclude upon a Total Cessacon from sow-
ing setting planting or any waies tending any Tobacco within any of
these Colonies aforesai<l, from the first of February one thousand Six
hundred sixtv six till the first of February, one thousand six hundred
sixtv seven Whei'efore I doe request that the said Commissioners or
any three of them be C'reditted and believed in all things which they
shall doe in and concerning the premises Promising to Ratifie confirme
and approve whatsoever shall be done by them according to this my
Commission and according to the true intent and meaning of the Act
aforesaid given at S' jNIaryes Under the Lesser Scale of the Province the
26" day of June in the yeare of his JAr Dominion over this Province
Annoque Domini 1G(3G.

Copia A^era teste

THO: LUDWELL SEC

COLONIAL RECORDS. 141

[B. P. R. O. Colonial Papers. Vol. 20. No. 114.]

ARTICLES OF AGREEMENT CONCERNING THE CESSA-
TION IN VIRGINIA AND MARYLAND AND AL-
BEMARLE AT -JAMES CITY r2"> JULY KJGO.

Articles agreed, aixl conclndi'd upon at Jaiiie.s City the 1 '2"' of .July
1GG6 BetAA'eene tlif I Ion'''" 'I'hoinas Liidwell Esq™ .secretary of Virginia
Maj' Gen" Rob' Smith, Maj'' Gen" Ricliard Bennett, Capt Daniell Parke,
Cap' Joseph Bridger Capt Peter Jennings and M"' Tlionias l^alhirdGent:
Connui.ssio'"Mroin the Hi>;ht llono'''" S' W" Berkeley Knt and the As-
sembly of Virginia and the Hono"' Philip Calvert Esq'" Henry Con rsey
Esq''* Natlianiell Uty, and Rob' Sley Esq" Commissio"' from the Hono'''^
Cliarles Calvert Esq'' Govern'' of Maryland and the Assend)ly their snf-
ticiently by the Laws and C\)micons of the Gov''" and Colonies impowered
and the Hono*'' William Drummond Govern'' of Albemarle County in
the Province of Carolina, and Tho: Wot)dward surveyor Gen' of the said
Albemarle Comity Commissio''" by the deputie Gen' CV>urt, and Commit-
tee of y" said County being y'' Legislative power of y' said Coinity
for y^ time being sufticiently impowered to treate, and conclude upon a
totall cessation from sowing, setting, planting, or any \\aies tending any
tobacco in any the three Colonies abovesaid, or any parte of them in the
yeare 1667. Whereas there passed an Act entituled an Act for y^ Encour-
agement of Trade at an Assend)ly held at Maryland y' 10"' of Aprill
1666 wherein it is enacted that from and after y'' first day of February
which shall be in the present yeare 1666 untill ye fir.st of February
which shall hee in ye yeare of our I^ord 1667 Noe Tobacco shall be
sowed, sett, planted, or any waies tended in the said Province of Mary-
land, Provided That the Hono'''' S"' W" Berkeley Knt and ye Assembly
of Virginia and AVilliam Drummond Esq''* Gov' of Carolina, and ye
Assembly there doe make the like act in their severall Assemblies Pro-
hibiting the sowing, setting, planting, or any w^aies tending any Tobacco
in the said yeare within their severall and respective jnrisdiccons, and
whereas the said Hono*"'* S'' W" Berkeley Knight and ye said Assembly
of Virginia did at an Assembly held at James CHty ye o"" of June last
past in concurance with the said Act of Maryland make a Law with y'
same Restriccons and Prohibicons of planting, setting, sowing, or any
waies tending any Tobacco within this Colony of Virginia with the same
provisions and Limitacons as are conteyned in the said act of Mary-
land.

142 COLONIAL RECORDS.

And whereas the said W" Drummond and Thomas Woodward Gov
and Commissio'' for ye said Albemarle Ctmnty have promised and nnder-
taken to procure an Act in their Conncell and Committee prohibiting- the
soM'ing, setting, planting or any -waies tending any Tobacco in the said
County of Albemarle from ye first of February which shall bee in the
yeare 1666 till ye first of February which sliall bee in the yeare 1667
and ye same Law so made one <jr more authentique Coppies Thereof
cause to bee delivered to the Right Hon'''" ye Gov'' of Virginia and tlie
Hon''''' Governo'' of Maryland at or liefore the last day of September next
ensuing the date hereof.

And whereas ye said Act of Virginia and Maryland and the said ( )rd''
of the Courts and Connnittee of Albemarle County signed by the depntie
Gov Councill Speaker and Committie thereof Have amongst other Matf'
and things nominated, constituted, impowered and appoynted us the sub-
scribed to bee Commissioners to treate, and concluded upon a total! ces-
sation as aforesaid in the places and yeare aforesaid and to treate and con-
clude upon the most Effectnall meanes of ])utting ye said Acts into
Effectual! Execution ol)leidgeing themselves and the publi(]ue Faitli of
their respective Collonies to ratefie, and conlirmc wliatsoever sliall bee
treated, and concluded on l)y and between ye said ( 'onnnissio'' in manner
and to the intents aforesaid in ol)edience to and i'or t!ie better execution
of the said Act. It is tlierefin-e l)y us tlie said Com^'' ni' the said Re-
spective C'ollonies foufluded and agree<l.

First That tlie said Lawes for a total! cessation fi-om [)lantiiig, setting,
sowing, or anv waies tending tol)acco in any, or any part of all oi' either
of the said Collonies t)f Virginia and Maryland bee effectually putt in
Execution in Virginia and Maryland, Provided that the said Gov :
Conncell, and Connnittee of Albemarlt' County doe malvc a Tjaw tliere
prohibiting ye sowing, setting, planting, or any waies tending any To-
bacco in the said County from ye first of February whicli shall l)e in the
yeare 1666 till ye first of Feln-uary 1667 in like manner as is alieady
doiine in Virginia and Maryland and the same act soe as aforesaid to bee
made sliall transmitt to the Gov of Virginia and Maryland or authen-
tique Coppies tliereof at, or l)efi)re tlie last day of Sejitember next Ensuing
the date hereof —

Secondly For the l)etter and more etfectual l-llxecution of tlie said
Lawes in the Several Colonies aforesaid. It is concluded and agreed Ijy
and between us the said Com'"'' tliat the Severall and respective Gov'
Councellor and Justices of the Peace and all other Pnblique officers
within the said Collcmies of Virginia, Marvland, and Alliemarle County

('()[.( )i\I A L RPX'OUDS. 14;]

ill ( 'nroliiui to (;tl\<' ;i sdlciiiii oath upon the lOvimticlists to iisr their Best
and utmost Kiuloavour fully and ElVwtually to see the said Lawes exe-
cuted accurdin<r to the true intent and meaning of the said Lawes and
tliese Articles without any partialitie or evasion and the said oathes to
bee taken liefore sueh persons as shall l)ee apj^oynt^^^d hy the respective
CoUonies if they siiall thiiii<e Htt to appoynt any such.

Tiiirdly. For tlie mutuall and better securitie of each respective Prov-
ince from any damage w Incojiveuienee that may arrive or happen to
tliem by the breach of the said Act in their neighbour Cxjllonies, It is
agreed and concluded l)v and between us Tlie Commissioners aforesaid that
there sliall bee free k'ave and full power Left to all and Everie of the said
Colony to appoynt anil imi)owei- sueh persons as they shall think fitt to
goe into any part of their Xeighbour Collonies there to see wether the
said Act bee broken or not, and if they find them broaken then upon
complaint made by the said pei'sons soe impowered to the Gov"' of y'^
Colony soe oifending against the Intent and meaning of the said Act, the
said Gov and the other Magistrates of the said C'Olony offending as afore-
said shall bee oblidged fo^■th^vitl^ to employ their respective authoritive
and utmost power for the Effectnall punishment of such offenders by
cutting up their Tobacco either sowen, planted, sett or tended as afore-
said.

That these above menconed articles are our mutuall agreenits accord-
ing to the power given I^s as aforesaid. W'vv the said Com''^ have here-
unto sett our hands and scales tlie (hiy and yeare and in the place first
above mentioned.

WILL. I)RUMMO>;i) (scale) PHILIP CALVERT (scale)

ITK ) : W( )( )DWARD (scale) HEXPvY COURSEY (scale)

XATH: UTY (seale)

ROBT SLYE (seale)

THO: LUDWELL JUN'
THCJMAS LITDWELL JITX' (seale)
ROBERT SMITH (seale)

RICHARD BENNETT (seale)

DANIELL PARKE (seale)

JOSEPH BRIDGERS (s:eale)

PETER JENNINGS (seale)

THOMAS BALLARD (seale)

( 'o]iia vera teste:

THO. LLDWELL JUN'.

144 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers. Vol. XX. No. 125— Extract.]

THOS. LUDWELL, SECRETARY OF VIRGINIA TO SEC.
LORD ARLINGTON IS JULY 10(36.

Virginia Julv Ls"' KjHO.
Rio-ht Hon'''

Mv most honored Ii(H-(l 1 hnvc Ix'cn nlrcndy very lon^ and yet I have
on<' tliinsi' vci'v important to advise yonr Lordship witli, whicli is tiiat
X'iririiiiii, Marvhuid & Carolina have at leiigtli jiranted to tlie desires of
the people a law for a t(jtall cessation from j>laiitiiig tol)aeeo in the yeare
l(i67 the wliole transactions whereof I shall herewith send yonr Lord-
ship to be by the King confirmed or disaproved if it be ill or that it bee
found prejndiciall to his Ma"™ intrest either in poynt of cnstome or any
way elce we hiunbly desire to have his determinacon soe soon as eonven-

ientlv we may that the people may kno^v how to employ their labours.
* * * *

THO. LUDWELL.

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 6.]

Right Hon""'

It is now a considerable time since I had the the hone"' to treate with
a Committe of vour Lord''" cho.sen from among yo'selves conserning the
setling (jf a Colony at Cape Feare, and although there was no absolute
accord and fineall agrem' yet severall consessions were then offered by the
s* Conunittee, and by me dispatched to the Barbados to the Adventurers
there who did intrust me, who imediately retornecl aswer that they would
accept them and accordingly gave me power to conclude \\ith yoiu'
Hon"'. But in the Interim comes one M'' now S'" Jn" Yeamens and l:)y
his Sonne otfers other and contrary Articles to w' the Adventurers did
desire and made such spetions pretences that your Hon"' made an abso-
lute agreenit with him and refused to confirme those concessions formerly
oflfered me, though I then foresaw and also tould your Hon" there was
no likelihood he should performe his covenant notwithstanding he had
cntrf^il into a peuall bond of 100(H' to accomplish it. Now may it please

COLONIAL RECORDS. 145

your Hon" it is so f'allenout as I foretould tluit no iiiatcrcall part of tiiu
sd covenant is pei-fbrnied but on the contrary tlie Adventurers and pres-
ent planters liigldy dissatisfied that they should not have thof;-, conces-
sions at least which were tendred and upon which they went, eonfirnied
unto them they thought those concessions hard enough, but those other
Intolerable, ^^^lel•cfbre what I luunbly recjuest is that I niav have the
Hon' of one speedy Conference more with as many of you Lord'""' as may
be. that I may put a fineall end to my negotiation and I cannot but hope
for a good one since I am resolved to propound nothing but what shall
be as well for your Hon" Interest as that of the Colony The reason why
I humbly desire this meeting may be so speedy, is, because many in Eng-
land New England Barbados yea and those that are actually uppon the place
do wait for the Isue of this my last address which if good I do promise
with Gods leave, and your Hon'' favour to set fourth a good ship with
men and provisions imediately for Cape Feare and and also manefest to
your Hon" the likelyhood of severall other ships to follow in the Spring
but it is high time that those that gt) this yeare shall be making ready :
if the success of this my last addresse shold be unsuccessfull (which God
forbid) all those that have entrusted me though they may have begun a
plantation and some are actually uppon the place, have advised me that
they will draw of and quite give over the designe. And then it will be
seen whether they be the Major pte yea or no : But I feare not but if I
have but time and opportunity I shall manetest the Necessity of graimt-
ing those things I shall humbly offer in order to the estableshing a Col-
ony that may thrive and prosper under your Hon'' governiTi' which that
it may do under your Hon' and your successor from Generation to Gen-
eration is the prayer of

R' Hon^

Aug 15"= 1666.

Yo' Hon'^ faithfull and most obedient

servant
HEN : VASSALL sole agent

for the Adventurers and planters

of Cape Feare

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 81.J

*Right Honourable,

The Gent chosen for an Assembly for the County of Clarendon in
Carolina, upon a view and consideration had of your Honours Charters

*NoTE. — The contents of this paper show its date to be about the same as that of the preceding
one. — Ed.

15

146 COLONIAL RECORDS.

and Concessions to the said County did supplicate for a Redress cheafely
in three things, as to grevious to be required of them.

1 . Thp halfe penny "^ acre for all Lande

2. The undeceniall way of division of tliere lande

3. The Injuntion on penaltye of forfiture of keeping one man on every
hundred Acres. They added these Reasons, viz.

1. To the first that in all their land where or howsoever taken up theire
are of these three sortes viz. Pine Swamp and Marsh which make up
much the greater jjart of theire proportions and are yet so wholy unprofit-
able that to pay a halfe penny per acre for them is more then there val-
lew wherefore they did signifie there Redresse, that those landes, what
proportion soever they beare to the good Oake Land should bee accounted
to them as soe many Acres but not as to pave the said Rent by those
acres ; they were rather willing to paye a greater Rent for wliat acres of
Oake land they should possess soe as they might be excused the paying
rent for the Rest and did propose it as an Expedient to paye one penny
per acre Annually for all tlie Oake land in there respective Tracts as the
Rent due for the whole : and that your Honours Survay in Bounding out
there lande should certify in perticule)' the quantity of Oake land accord-
ing to which the Rent should bee Resarved in tlie deede of conformation
for lands. They enforced tliis with a complam* that it was sufficiently
grevious to them after so chargeable and hazardous an adventure to
whicli they were onely incouridged by the consideration of such Quanti-
tyes of lande to bee constrained to accept of land soe wholy unusefull,
and which did so much incomode every mans settlement and therefore
they hoped your Honour would not add this burthen to their sadd dis-
appointment.

2. To the second, that they arived here the most of them beefore the
Conssessions ware framed and had there laud assigned to them by certaiue
meats and bounds on which they have planted and bilt, that therefore to
have those lands now cast into such a way of Lotte as the Conssessions
contrive, and the undesimall part reformed for your Honour will cer-
tainly alter all those bounds and remove every mans possession wliich
cannot but bee Ruine to Most; nor doe they see how this waye of allot-
ments can be practised in the Futux-e, at least soe as to bee any benifit to
your Honours for the good land lying soe widely dispersed what is already
taken up though but halfe the proportion due to each person, runns to an
extent of at least tliree score miles soe that what is to take up will lye soe
Remote from all conveiniencyes that it caunot advantage your Honour to
have an eleventh part at that distance, and indeed that kinde of divition
appointed by the concessions is not at all practicable heare, because the

COLONIAL RECORDS. 147

good laiicls do noe where lye .so contiguou.s nor soe in any place as
equally to accoramodate the whole generall lot. And a very great niischife
it would bee to any whose lott shall fall where there is not a foote, they
did expresse a great desire that somewhat might be oftered to your Hon-
our in valine of this undecimall part bat finding no thing heare I'eally
worth your acceptance they durst rather bee silent then propose any igno-
ble compensation.

3. To the third, having already declared soe fully the nature of the
lands in this country they thought it unnecessary to multiply reasons
against the keeping a man on every hundred acres it being evident from
what is s* that in very many places a hundred acres would not maintaine
one man.

This Addresse and Representation being made to the L' Gen" and his
Councell and there concurance in all humble maner desired in a petition
to your Honour for a release from these reall pressures. They certainly
knowing all this to be truely soe as it is remonstrated, ware the redier to
joine in prayers soe Rational and soe nesessasary, and therefore with one
harte and voyce we the Governer Councell and assembly or representa-
tion for the county of Clarendon in Carolina beseach your Honour's to
to take the premisses into your serious consideration and to releive us
according to the true raerrite of our cause.

May it please your Loi'dshipp.

This humble address as it is above written was perpated with the
allowance and consent of the Honorable Sir John Yeamans Baronet L'
Gen" under your Lordshipp of this Province at such time as he was
heare with us and presided in our Councells; who at first gave us all the
appearance of his purpose to joyne with us in the subscription thereof.
But when it was engrossed and presented to him to bee signed he made
this answer that his further thoughts had discoursed unto him an absurd-
itie in owneing under his hands so perticuler a knowledge of the soile in
this County into which he was but newly come, and that therefore he did
conceive it might give a better reputation to our cause if he did exempt
himself from the Gen" Addresse, he added that his intimating to your
Lordshipp in his private letter the full satisfaction he Jiad received with
in himself of the greviousnes and unpracticablenes of these three injunc-
tions espetially would stronger inforce our arguments to your Lordships
and more advantage the Acceptance of our prayers then his appearing
jointly with us, and soe he left us with sufficient Incoridg™' to proceed
with our petition by ourselves and with our hopes enlarged that though
hee lobored not openly with us hee would yet labor more effectually for

148 COLONIAL EECORDS.

us Thus therefore and ui)oii these grouuds wee doe presume Right Hon-
ourable to press unto your presents and being now heare doe in all humil-
ity offer these further to your noble consideration.

1. That wlien all the fame of this province was left in that black cloud
of Reproaches which a party of the first new england Adventurers had
wraped the whole country in and noe mans eare or month or hand was open
to heare or speake or act in her defence, wee then from no other incitem'
but the glory of that venture which is made for Publick advantage, did
by a vollentary and full contryl)uti()n dispell those mists of scandall and
revive a lustre bright enough to direct and provoke to a seizure by
meanes of which expence your Lordshipps have the possession of a parte
which may be improved to aseminary for the whole provence if the dis-
coridgement from without the place prove not more fatall then those
within it; neither can wee think this seirvis really performed for your
Lordshipjjs inferior to that which is but promised nor is it a frindly argu-
ment that because wee have settled in aworse part of the country wee
must have the worse conditions, since therefore those whome wee credited
as your Lordshij^ps plenipotentiaryes in Bai'badoe were pleased soe well
to consider of the success of those our contrybution as in your Lord-
ships name to promise us five hundred acres of land and soe pro-
portionally for every 1000 of sugar wee had expended on that second
discovery without which (wee can make it plainly ajjpear) though all
else was ready the designe had yet fallen, since also tis most certaine that
if Port Royall bee ever presented with powerfull invitations to a culture
it will bee from the consequence of these our supernumerary disburses
wee hope it will not be offensive to your Lordshipp that we deprecate a
punishment upon our misfortunes and beg to have that conformed to us
notwithstanding oin- ill suckses, which was granted as the prize of our
vigerous crowding in to your Lordships servis, through all the obstickles
that Mallice or conterary pollicies could object.

2. That those nombers of the Carolina adventurers who made the sep-
eration and intercepted that treaty which wee had comenced with your
Lordships, presenting different proposalls and accepting other conditions
ware such as had the whole bent of there affections towards port Royall
and never purposed further to second there diverted adventures on this
county of Clarendon which then might conduce to the establishing them
an interest in the county of Craven Nvho beeing now by the said callain-
ity which fell on Sir Jno. Yeamens disappointed in there expectations
there nessesarily discouridged proceeding heare : and evidence the same
not onely by a silent discontinuance, but alsoe by a claraerous drawing
off, those againe on the other side who ware determinate for this county

COLONIAL RECORDS. 149

stop'd in there oarreare by tliese unexpected concessions have remayned
at a staye ever since, with too much appearance of never reinclyning
there motion this way. Thus is tliere an approaching; k)ss to all con-
cerned to the King and nation, loss of dominion and trade to your Lord-
shipps loss of the name and Honor of enlarging- both these, to the adven-
tiu-ers loss of money and hopes increased in us that are herebv the loss of
our whole substance; and all this unavoidably unles you Honours reein-
tegrating that treaty which your Honours once desended to with us and
in us with the adventurers of ould and new England and by granting us
these priviledges which you were once not very far from granting us
(which very probably you will) the Actineuity of such who can trample
on all other difficultyes when supported by that which they opinion Fre-
dome, the Ruine which with open mouth attends us while being desarted
by all, wee are utterly disabled either to proceed or to retire enforceth us
to this ernestnes, yet ware wee the onely partyes in this cause wee should
approch with much lesse bouldnes, but now wee sue in your Lordshipps
behalves also y' your Possesion of this Province may not bee utterly
lost, and with it all the hopes of our subjecting it to an English Gov-
erm' wee are

Yo'' Lordshipp's most humble servants
JOHN NEVINSON. JOHN VASSALL

GEO GARY
RICHARD WHITTNEY. R. SANDFORD

ROBERT GIBBS.
JOHN KNIGHT. HUMP. DAVENPORT

THO CLIFTON.
HENRY BRAYNE JOHN BRENT

WILL GRIG
THOMAS GIBBES.

SAM HAMES

[R. P. R. O. Colonial Papers. Vol. XX. No. 144.]

LT. GOV^ & COUNCIL OF BARBADOS TO THE KING.

29th S]^p-p_ IQQQ^

May it please Your Majesty

His Excellency the Lord Willoughby haveing appointed us of his
Councell for the Govern' of this Island tlie many dangers at present
which threaten the safety thereof and of your Maj. whole dominion in
these parts have rendred it our duty to informe your JNIaj. that soe by a

150 COLONIAL RECORDS.

tyniely reliefe yo' Maj. honour and authority might be restored and pre-
served and wee secured from tlie violence of our Enemies.

Wherefore wee most humbly informe yo"^ Maj'^ that the restraint of
trade here for some yeares past hath withheld the prosperity of these Yo'
Maj. Collonies and will if not prevented in short tyme destroy them
especially in that of Negroes of whom very few have been sold here and
those the worst such as the Spaniards would not look on and yet they at
farr greater rates than the Spaniard gives for the best or the Merchant
before he was restrained afforded them as by a solemn declaration here
published wee were promised which only men compelled by necessity
haveing dealt for have therein found their certaine ruine and many on
that score forced daily to forsake these Countries. The richer sort who
could better withstand the necessity have bought few or none although
thereby they have made less sugar by tlie one halfe then with a full sup-
ply they might have done which hath beene a greater losse in the revenue
of the customes to your Maj*' then the Spanish trade will any way recom-
pense but least wee should presume too farr wee shall only say that thes
Setlements have beene made and upheld by Negroes and without constant
supplies of them cannot subsist which that wee may the better have and
all other necessities for our plantations wee most humbly implore Yo'
Maj. to grant your loyall subjects that have adventured our lives &
fortunes thus farr to the increase of Yo' Maj. Dominions and Revenewes
the same freedome of trade att all times as those our Brethren in Eng-
land with less difliculty enjoy and as in duty bound wee shall ever pray
for yo'' long and happy raigne over us.

Yo' Majesties Loyall and

most obedient Subjects

WILL. WILLOUGHBY
JOHN YEAMANS.

HENRY HAWLEY.
PHILIP BELL.

WILLIAM KIRTON

THOMAS WARD ALL
SAM. BARWICK

WILL. SHARPE

ROBERT HOOPER
CHRISTOPHER CODRINGTON.
Barbados. September 29'" 1666.

[Indorsed.]
Lieut. Generall and Councill of Barbados Rec. 30. Nov' Answ** 4

Dec.
With a temporary Commission for the execution of the Lord Willough-

by's powers.

COLONIAL RECORDS. 151

[B. P. R. O. Colonial Papers. Vol. XX. No. 145.]

THE NAMES OF THE COUNCILL OF BARBADOES.

Lt. Coll. William AA'illoughby Deputy Gov"'

Coll. Henry Hawley, formerly Govern"' a judicious man

Thomas Wardall Esq" a grave prudent man

Coll. Robt. Hooper well beloved & a stout man

Coll. Sr. John Yeamens of good conduct & stout.

Lt. Coll. Christopher Codrington 1 both well beloved & free from fac-

Lt. Coll. Phillip Bell jtion ingenious young gentlemen.

William Kirton Esq" a Judge.

Sam. Barwick formerly in the King's Army & stout

Coll. Wm. Sharpe, and ingenious man & good interest.

GENTLEMEN OF THE COUNTRY

Coll. Lewis Morris, a man of good interest & conduct & an honest
man tho' a quaker.

Lt. Coll. Higgenbottome, Lt. Coll. Rich* Bayly & Maj"^ Wm. Bates,
stout men & fitt for comand.

Some turbulent spirits questioning whether the Ixl. Willoughby have
power to make a deputation (submitting to yo'' judgment) whether it bee
not requisite his-Maj. pleasure be knowne therein.

Consider whether the indulging of trade during this present Warr will
not bee of greate importance to support the peoples speritts.

There is aboard two Merchant shipps bound for Barbados on the
King's account 2000 Muskets 1000 Pikes 200 Barrels of powder— To
enforme them of the additionall supply to encourage them. Who in
Barbados from Coll. Willoughby.

[Reprinted from Archives of Maryland. Vol. 3. p. 558. Liber H. H.]

Att a Councell held at S' Marys the 17"' day of Octob'' 1666

P'sent
Gouerno' Chancello"' Jerome White Edward Loyd Henry Coursey
Coll : Williams Euans and Thomas Truman. Esq"

152 COLONIAL RECORDS.

Was then taken into Consideracon the Confirmacon of a Cessation
made in the Prouince of Carolina by an Act of Assembly ther made and
sent heither iind' the handes of William Drumand Esq"" Gouerno'
thereof and George Catchmeyd Gen' speaker of the s"* Assembly.

Put to the Vote wether the said Act ought to be put in Execucon or
not, Major Vote Conuenient

Whereupon Ordred by the Gouerno' & Couneell that a Cessacon be
made throughout the whole Prouince according that Act made in this
Prouince at an Assembly held the 10'^ day of Aprill last and all Clauses
therein expressed to be duely Obserued and kept.

[B. P. R. O. Colonial Papers. Vol. 20. No. 195.]

THE ELEVENTH OF DECEMBER 1666.

Further Articles of agreem' had made (x)ncluded and agreed on at S'
Maries in Maryland between us y" Subscribed Coni''^ for Virg* and
Maryland sufficiently impowred to Treat and conclude of a totall cessa-
tion of Planting setting or soweing any Tobacco in each Colony as also
in Albemarle County in Carolina as followeth.

Viz* Whereas there was an agreem' made and concluded on between
the Com"'^ of Virg" Maryland & All^emarle County in Carolina bearing
date the twelfth of July one thousand six hundred .sixty six at James
Citty grounded upon the severall and respective Acts of Assembly for a
cessation by w'^^ it was as.sentcd to and concluded on that there should be
a Totall cessation fixtm Sowing, setting, Planting or any waies tending
any Tobacco- in any or any part of the three colonies afore-s** from the
first of February one thousand six hundred sixty six untill the first of
February one thousand six hundred sixty seaven. Provided W" Drum-
ond Esq' Gov"^ of Albemarle County in Carolina and the Assembly of
that Province did make the like Act in y' Colony. And the same should
transmitt to y' Gov" of Virginia and Maryland by the last of Septem-
ber then next to en.sue as by the said Articles, (Relaeon being thereto
had) more fully ma}* appear. And whereas the sd. W"" Drummond Esq'
and the Assembly of Albemarle County aforesaid did make an Act pro-
hibiting the sowing setting, planting or any waies tending any Tobacco
from the said first of February one thousand six hundred sixty six, to y^
first of February, one thou.~and six hundred sixty seven. But the said
Act so made could nt)t Transmitt to the .s* Gov" of Virg-iuia and Maryland

COLONIAL UECOliDS.

153

before the fifth of October last past by reason of an liivaeon oi' their
neiglil)ouring In(haiis by whieh laps of a few dales oeeatloiied by the s''
Invacon, Wee doe not judge either the severall and respective Acts of
Assembly or y' said ^Vcts to lie fallen or voy<l the s'' Articles of Treaty
of y* 12"' July aforesaid grounded upon. Wherefore to y'' intent the
good of the severall Collonies expectetl from a Cessacon, may not be
stifled in its birth, wee y" Com'" of Virg" and Maryland doe declare that
no advantage is or ought to be taken up on y" lapse of those few daies
menconed being noe essential jiart of the said Agreement and doe hereby
accordingly ratifie and confirme y" same according to the true intent and
meaning thereof, fully relying upon the said late Act of Assembly of
Albemarle County in Carolina for the performance & the Execucon of y'^
s* cessacon in time and manner as is expressed in y^ same. And wee do
further hei'eby agree & conclude y' there shall issue out a Proclamacon
from each of the respective Gov""^ requireing and commanding an exact
Obedience to y" s^ severall acts of Assembly made in y** s'^ severall colonies
of Virg* Maryland and Albemarle County and likewise the said Articles
of Agreem' under y* penalties of Fine Imprisonm', & cutt up y° Tobacco
planted, sett, sowne &c: To be inflicted ujion all* or any person or per-
sons offending against ye sd Act or any of them in their respective Gov-
ernm'° and that authentique coi>pies of y* sd Proclamacons to be published
as aforesaid be (so soone as possible) transmitted from each respective
Gov'' to both the other Gov''^ to the intent that all interests may be satis-
fied in the severall proceedings in the performance of the said Articles.
In witness whereof we have hereunto sett our hands and scales, the day
and year first above written

PHILIP CALVERT (seal) THO : LUDWELL (seal)
HENRY COUR8EY (seal) ROBT: SMITH (seal)
ROBT: SLYE (seal) RI : RENNET (seal)

THO: NOTLEY. (seal) NICHO: SPENCER (seal)

THO: BALLARD (seal)
JOSEPH.: BRIDC- (seal)
DANIELL PARKE (seal)

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 83.]

Notes is hereby given to all ingenious and industrious persons that
there is a New Plantation lieguii 2 veers since on the main land between
16

154 COLONIAL RECORDS.

Virginia aiid the Cape of Florida at a place called Cape Feare in the
Province of Carolina in the latitude of about 34 degrees. It is a cli-
mate most desirable for its temperature and fertility as those that^are
there have written and those lately come from thence doe testifie they
have 2 crops of Indian wheate in one yeare and all graine plants and
seeds that they commit to tlie earth do prosper exceedingly they have
naturally growing abundance of most stately Timbers of most sorts in
England but very many sorts not known to us as Cedar Pines Sassa-
fras and other sweet woods Vines allso and Mulbury and Olives trees
from whence come the rich commodys of wine Sylke and Oyle they have
aboundance of deerc Turkeys and other fowle in the ^voods and great
store of Sturgeon Salmon and many sorts of other good eating fish both
flat and round They have since planted and produced very Excellent
tobacco, Indeco, Cotton and potatoes and other rocjts and fruits pro2:>er to
Barbados Virginia and Barmoodos. The neernes to wliicli last places
makes the ])lanting there of more easy. The Priviledges where with it
is endowed makes it yet more desirable the princij)al wherof follows.

1st There is full and free liberty of Contience granted that those' that
are truly contientious may have liberty to worship God according to
their owne way provided they behave themselves orderly towards the
Civil Government.

2nd Tliey shall choDS from among tliemselves 13 persons or some
other odd ninnber whereof the Lords will appoynt for Governors and
halfe of the otlier for tlie Council wliich Gnvcrnor is to rule but 3 yeares
and then learne to Obey.

3 They shall choose from among themselves :in assembly (in tlie nature
of a parliament who shall have the sole power of makeing all lawes and
laying taxes wlien neede requires for tlie use of the Colony and the gov-
ernors and Councill se the laws put in Execution.

4 They are to have freedom from Custom in England for all wine
fruite, Currance Almonds, Oyle, Olives, and silk tliey can produce, for
seaven yeares to comence and when 4 tuns of those comoditys are at once
imported in one ship.

0 Every man and woman that transport themselves before the 24
June next being 1607 shall liave for liimselfe liis wife and each of his
children and every man servant he shall bring armed with a firelock or
machlock musket statute bore with 10"" powder 20"" of buUett, 100 akers
of land for each of them to him and his heirs for ever paying for every
1000 akers 10' per Ann to the Lords for an acknowledgement and for
everv woman servant and slave 50 akers

COLONIAL RECORDS. 155

6 Every servant at the Expiration of their service (which is 4 yeares)
are to have the same qnantity of land for liini or herselfe, that their ni"
had for bringing over and on the same condition allso tlie m'' is l)()nnd
to give them two snits of apparell and a set of tools to work with when
he is out of his time.

Many desire to transport themselves thether or servants desire to be
entertained they may take an (^ippoi-tnnity of the Virginia fleet and from
thence tinde easy passage thether it being but 3 or 4 days sayle; and if
they desire farther advise or information let them repaire to the

[Reprinted from a copy in the "Swain Collection."]

A BRIEF DESCRIPTION OF THE PROVINCE OF CARO-
LINA, ON THE COASTS OF FLORIDA ; AND MORE PAR-
TICULARLY OF A NEW PLANTATION BEGUN BY THE
ENGLISH AT CAPE FEARE, ON THAT RIVER, NOW
BY THEM CALLED CHARLES RIA^ER, THE 29**' OF
MAY, 1664. WHEREIN IS SET FORTH THE HEALTH-
FULNESS OF THE AIR, THE FERTILITY OF THE
EARTH AND WATERS, AND THE GREAT PLEASURE
AND PROFIT WILL ACCRUE TO THOSE THAT SHALL
GO THITHER TO ENJOY THE SAME. ALSO DIREC-
TIONS AND ADVICE TO SUCH AS SHALL GO THITHER,
WHETHER ON THEIR OWN ACCOUNTS OR TO SERVE
UNDER ANOTHER. TOGETHER WITH A MOST ACU-
RATE MAP OF THE WHOLE PROVINCE, LONDON:
PRINTED FOR ROBERT HORNE, IN THE FIRST COURT
OF GRESHAM COLLEGE, NEAR BISHOPSGATE-STREET.
1666.

A. Brief Description of the Province of Carolina, &c. Carolina is a
fair and spacious province on the continent of America, so called in honor
of his sacred majesty that now is, Charles the Second, whom God pre-
serve; and his majesty has been pleased to grant the same to certain
honorable persons, who in order to the speedy planting of the same, have
granted divers privileges and advantages to such as shall transport them-
selves and servants in convenient time. ******

There is seated in this province two colonies already : one on the river
Roanoak (now called Albemarle River), and borders on Virginia ; the

156 COLONIAL RECOEDS.

other at Cajje Feare, two (legrecs more soutlierl}- ; of wliicli follows a
more particular description.

This province of Carolina is situate on the main continent of America,
between the degrees of 30 and 36, and hath on the north, the south part
of Virginia; on the south is bounded by the SO**" degree of latitude, not
yet fully disco\-ered ; on the east is Mare Atlanticuni, part of the great
ocean ; and on the west the wealthy South sea is its contines.

The 2>artlcular description of Cape Feare. In the midst of this fer-
tile province, in the latitude of 34 degrees, there is a colony of English
seated, who landed there 29th. May, Anno 1664, and are in all about
eight hundred persons, who have overcome all the difficulties that attend
the first attempts, and have cleared the way for those that come after, who
will find good houses to be in whilst their own are in building; good
forts to secure them from their enemies ; and many things brought from
other parts there, increasing to their no small advantage.

The chief of the privileges are as follows :

First there is full and free liberty of conscience granted to all, so that
no man is to be molested or called in question for matters of religious
concern ; but every one to be obedient to the civil government, worship-
ping God after their own way.

Secondly. There is freedom from custom for all wine, silk, raisins,
currants, oil, olives, and almonds, that shall be raised in the province for
seven years, after four tons of any of those commodities shall be im-
ported in one bottom.

Thirdly. Every free man and free woman that ti-ansport themselves
and servants by the 25th of March next, being 1667, shall have for
himself, wife, children, and men-servants, for each, one hundred acres of
land for him and his heirs forever, and for every woman-servant and
slave fifty acres, paying at most J d. per acre per annum, in lieu of all
demands, to the lords proprietors : Provided always that every man be
armed with a good musket, full bore, ten pounds of powder, and twenty
pounds of bullet, and six months' provision for all, to serve them whilst
they raise provision in that country.

Fourthly. Every man servant at the expiration of their time is to
liave of the country a hundred acres of land to him and his heirs for-
ever, paying only J d. per acre per annum, and the women fifty acres of
land on the same conditions ; their masters also are to alIo\^' them two
suits of apparel, and tools sucli as he is best able to work with, according
to the custom of the countrv.

COLONIAL RECORDS. 157

Fifthly. Tliov arc to have a governor and council appointed from
among; themselves, to , sec the laws of Assembly put in due execution;
but the governor is to rule but three years, and then learn to obey; also
he hath no power to lay any tax, or make or abrogate any law, without
the consent of the Colony in their Assembly.

Sixthly. They are to choose annually from among themselves a cer-
tain number of men according to their divisions, which constitute the
General Assembly, with the governor and his council, and have tlie sole
power of making laws, and laying taxes for the common good wlien
need shall retjuire. These are the chief and fundamental privileges, but
the right honorable lords proprietors have promised (and it is their inter-
est so to do) to be ready to grant what other privileges may be found
advantageous to the good of the colony.

1667.

[B. P. R. O. Colonial Entry Bk. Vol. XL p. 91.]

Baebados.

AT A MEETING OF THE HON"' LT. GEN. HENRY WIL-
LOUGHBYE & THE COUNCILL THE 15'" DAY
OF FEBRUARY 16G6-7.
Present.

William AVilloughby^ Sir John Yeamans^

Henry Hawley [^ "^ Sam. Barwick [ ^^

William Kirton f ^ Robt Hooper i ^

Thos. Wardell J Chri,st. CodringtonJ

This day a letter & Commi.ss" from his Maj'^ constituting and ajipoint-
ing the govern' of this and the rest of the Caribbee Islands to bee in
Henry Willoughby Esq""^ William Willoughby Esq" Col. Henry Haw-
ley & Col. Samuel Barwick was read upon which the Councillors then
present that were not named in the said Commission declared they did
beleeve themselves discharged as Councellors by vertue of the said Corn-
miss" whereupon they withdrew

Here follows the above Commission dated 5"" Dec. 1666.

Ordered that this Declaration following bee forthwith published l)y
beat of drum in St. Michael's Towne & all the Pari.sh Churches next
Sabbath Day Yizt :

158 COLONIAL RECORDS.

Barbados

Whereas his Maj'^ by his Commission bearing date the fifth of Decem-
ber 1666 hath impowered ns to bee C'hiefe Gov" of this and the rest of
the Caribbee Islands in the absence of his Excellency Francis Lord
Willoughby of Parham or nntill his Maj. pleasure be further knowne.

In obedience to which wee have received the said Government and doe
hereby publish and make Knowne that all officers both Civill & Mili-
tary in this Island doe continue to execute their said offices till further
order. Given under our hands this fifteenth of February 1666 (-7.)
(signed) HENRY WILLOUGHBYE

WILLIAM WILLOUGHBYE
HENRY HAA¥LEY
SAMUELL BARWICKE

After which they fell on debate of choosing a Councill wliich being
concluded they chose Sir John Yeamans William Kirton Esq" Thomas
Wardell Esq Phillip Bell Esq"' Robt. Hooper Es(f" Christopher Cod-
rington Esq" to whom A\'as administered tlie oath following Viz' :
Barbados.

I doe sweare that I will give true and faithfull Councill to Henry
Willoughby William Willoughby Henry Hawlcy and Sarauell Barwick
Esq"^ as cliiefe Gov" of this & the rest of the Caribbee Islands appointetl
by his Ma,]. Commission beareing date the fifth of December 1666 in
which I will perform all things that belong to a faithfull Councillor
according to the best of my skill and judgment during the absence of his
Excellency Francis Lord Willoughby of Parham or untill his Maj.
pleasure bee further knowne

Soe help me God
and then adjourned till Monday next.

[B. P. R. O. Colonial Papers. Vol. XXI. No. 71.]

GOV^ LORD AVILLOUGHBY TO JOSEPH WILLIAMSON,
SEC. TO LORD ARLINGTON 9 JULY 1667.

Barbados. Julv 9 '67.

You th.at soe well understand w' belongs to a liurry of lousiness if an
oversight was committed ought to pass it by when y' you know might

COLONIAL RECORDS. 159

bee sayd oeoaHioiied it However receive tlii.s a^ a reeoncileing challenge
for soe I intend it And though the government of JJarbados will not
defray the dutief< due to yo'' office some other \vay niUhit I shall not com-
plaine till I come to state my case in earnest and then 1 dare appeare to
my Lord Ashley. You will by the letters enclosed to Lord Arlington
understantl the posture of our aifaires here to w""" I referr you and whether
warr or peace shall endeavour to make the best use I can of my time but
God send us peace or two good regim'* att least I thineke I have con-
quered this island with good words but that will not doe with Mons''

Never man was soe out in his judgment of men in Barlwdos as your
friend S"' John Colleton who you know named one S'' John Yeamans to
exceed all men for interest in this island & I buylding upon his informa-
tion named him for a judge & the Assembly brought in matters of soe
high a nature against him that he durst not stand the test though I
offered to stand by him as far as in justice I ought By his Ma"*' com-
mands hither I am sent & in poynt of honor whilst the warrs last here
I am fixt the place is pleasant the comjjany good y" power greate & I
hope in tyme to give a good account of all Wee had an ill brush at S'
Kitts, Col. Stapleton L' Col. Cutter, Captaine Talbutt hurt and taken Brave
Bellamont killed Yo' freind Scott escaped who I presume will give you
a trew account of the business In requital Sir John Harman hath burnt
19 or 20 greate French ships in Marti nico roade Farewell

Yo" affectionate friend
to serve you
WILL. AVILLOUGHBY

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 8.]

JOHN VASSALL TO SIR JOHN COLLETON.

Nancymoxd IX YiRGixxY 6"" October 16()7.
Honnorable Sir,

I presume you have heard of the unhapy L(jss of our Plantation on
Charles River tlie reason of which I could never so(> well have under-
stood had I not com hither to heare ; ho^^' that all that came from us
made it their business soe to exclaime against the C'ountry as they had
rendered it unfitt for a Christian habitation ; which hindered the coming
of the people & supplys to us soe as the rude Rable of our Inhabitants
ware dayly redy to mutany against mee for keeping them there soe long ;

160 COLONIAL RECORDS.

in.'^omiu'li that al'ter they had fuuiid a way to com liither by land all the
arguments and authority I could use wold noe longer prevail which in-
forced niee to stop the first ship that came till I could send for more
shipping to carry us all away togeather espetially such weak persons as
ware not able to goe by land, the charge and trouble whereof and the loss
of my Estate there having soe ruened mee as I am not well able to settle
myself heare or in any other place to live comfortably. But had it
pleased God to bring my Cauzen vassall safe hither wee had bin yett in
a flourishing condition. I sent one Whiticar last November on purpose
at my owne charge to give the Lords an account of our condition but hee
was taken by the way soe as I have not heard a word from any of you
since I receaved my Commissions by M"' Sanford and indeed we ware as
a poore Company of deserted people little regarded by any others and
noe way able to supply ourselves with clothing and necessaries nor any
number considerable to defend ourselves from the Indians all which was
occationed by the hard termes of your Consetions which made our friends
that sett us out from Barbadoes to forsake us, soe as thay would neither
suplv us with necessaries nor find shipping to fetch us away, yet had wee
had but 200£ sent us in Clothing wee had made a comfoi-table shift for
annother yeare, and I offered to stay there if but t\\enty men would stay
with mee till wee had heard from your Lordships, for wee had corne
enough for two yeares for a farr greater nimiber and tho' the Indians had
killed our Cattle yett wee might have defended ourselves l^ut I could not
find 6. men that wold be true to me to stay : soe was constrained to leave
it to my greate loss & ruin, and I fear you will not have a much l)etter
account of your plantation at Ronoake unless a better course be taken to
incorage their stay for they are not without greate cause of complaints.
This with my very humble servis presented is all at present From
Your honnors humble servant

JOHN VASSALL

(Addressed)
TO THE HONORABLE SIR JOHN COLITON

Knight and Barronett at Nerehald
These present
In Essex.

COLONIAL RECORDS. 161

[P. P. R. O. Colonial Papers. Vol. XXI. No. 134.]

SAMUEL MAVERICKE TO SEC. L" ARIJNGTON
1<). OCT. 1067.

Right Honourable

The above is a eoppie of a letter sent in June, another eoppie I sent
with st)me addition by one Randall of Plymouth before w"** time wee had
certaine newes that S'' Robert C*arr dyed in Bristoll and never got to
London but hope the papers he carried eame safe Since which time wee
have not heard from England nor much from any other place only this.
The plantations at Cape Feare are deserted, the inhabitants have since
come hither, some to A^irginia. Att Burmudoes there hath been such a
drought as the fruites of the earth are all destroyed and in Virginia on
the 23"^ of August there was such a dreadfull huracana as blew up all
by the rootes y' was in the ground overturned many houses and abund-
ance of trees and drove up some vessells of burthen above high water
marke many foote and about tyme they report the Lord Baltamoores
sworne Governcn- of Virginia died. Good my Lord pardon mee for
being soe troublesome I shall ever remaine Right honorable Sir

Yo'^ most obliged

humble Servant
SAMUELL MAVERICKE
Boston

Oct. 16. 1667.

[Hutchinson's History of Massachusetts, Page 238.]

XoTE. — In 1667 the people at Cape Fear being under distressing cir-
cum.stances a general contribution by order of court was made through
the colony for their relief. Although this was a colony subject to the
})roprietary government of Lord Clarendon and others, yet the founda-
tion was laid about the time of the Restoration by adventurers from New
England who supposed they had a right to the soil as first occupants and
purchasers from the natives, and, issuing from Massachusetts, to the same
civil privileges ; but they were disappointed as to both. MS.

17

162 COLONIAL RECORDS.

[B. P. R. O. Col: Ent: Book. No. 20. p. 23.]

George Duke of Albemarle Master of his Majesties Horse, Edward
Earle of Clarendon, William Earle of Craven, John Lord Berkeley,
Anthony Lord Ashley Chaneellur of the Excliecjuer, Sir George Carteret
Vice Chamberline of his Majesties Hou.sehold, Sir William Berkeley
Knight and Sir P. Colleton Bart : The trew and absolute Lords Pro-
pryators of all the Province of Carolina

To our trusty and welbeloved Samuell Stephens Esq™ Greeting ;

Wee doe hereby constitute and appoint yon during our pleasure Gov-
ernor of our County of Albemarle, as also of all Isles, Islets, Rivers and
Seas within the bounds of the said County togeather with tlie Isles and
Islets within tenn leagues thereof, with Power to nominate appoint and
take to you 1 2. able men at most 6 at lea,st to be of your Councell or as-
sistance, or any eaven nmuber between 6. and 12. unless we have before
made choyce of or shall choose all or any of them. And we doe further
cou.stitute and appoint you to be our Commander in Cheife, during our
pleasure of all our forces raised and to be rai.sed, within our .said County
Isles and Islets aforesaid for the security of the same, and the parts ad-
jacent within our said Province, over which forces you are to place Offi-
cers and to cause them to be duely exercised in amies, and to doe all and
every other thing and things, which unto the Charge of a Commander in
Cheife of an Army belongeth or hath accustomed to belong. Command-
ing all inferiour Officers and souldiers of our said forces, you to obey as
their Commander in Cheife, according to this our Comission, and the
powers thereby given unto you ; and according to the Lawes and discip-
line of Warr; and yon your.selfe alsoe ai'e to oKserve and follow such
orders and directions, as from time to time you shall receive from us, and
in all things to govern yourselfe as unto your duty and place of Govei-
nor of our .said County and Comander in Cheife of our forces there doth
belonge. Given under our Greate scale of our said Province this
day of October 1667.

[B. P. R. O. Col: Ent: Book. No. 20. p. 23.]

George Duke of Albemarle IMaster of his Majesties Horse, Edward
Earle of Clarendon, William Earle of Craven, John Loixl Berkeley,

COLONIAL RECORDS. 168

Anthony Lord Asliloy, Clianoollor of the Exchequer, Sir George Carte-
ret Vice Chaniberline of hi.'^ Majesties Houseliold and Sir William
Berkeley Knight and Sir P. Colleton Bart : The trew and absolute Lords
Propryators of all the Province of Carolina

To our trusty and Welbeloved Samuell Stephens Esq'* Governor of
our County of Albemarle, and the Isles and Islets within tenn leagues
thereof. And to our trusty and welbeloved our councellors and assistants
to our said Governor. Greeting :

Bee it knowne imto all men, that wee the said Lords and absolute pro-
pryators of the County within the province aforesaid, for divers good
causes and considerations, but more especially out of the trust and con-
fidence, reposed in you our said Governor and Councellors, for the faith-
full management of the power and Authority by us to you given to the
best availe and improvement of our Interest and Dominion in the said
County of Albemarle, and Isles and Islets aforesaid and for the availe
and improvement of the Interest Liberty propryety and defence of all
such as shall plant and inhabitt there; Have given granted and by these
presents doe give and grant (during our pleasure) unto you our said
Governor by and with the consent of our Counsell, or any thi'ee of the
6. or 4. of a greater Number full and absolute power and authority for
us and in our Names, to lett, sell, convey and assure such lands in our
said County to such person and persons, and for such Estate and Instates,
and with such provisoes, conditions and Lymitations as wee by our In-
structions and Concessions, here unto annexed have directed and as you
shalbe directed by such other Instructions and Rules as from time to
time you shall receive from us, and not otherwise, thereby rattifying and
confirmeing whatsoever you shall doe pursuant to the said Instructions
and Concessions and to such Instructions Rules and directions as afore-
said As alsoe to make, doe, performe and execute all and singuler Act
and acts, thing and things, powers and authorityes whatsoever which wee
ourselves may cann might or could doe, in for concerneing or relateing
unto the Government both Civill and Millitary of the said County and
Isle and Islets aforesaid by virtue of the Letters Pattents of his most
excellent Majesty Charles the Second Kinge of England, Scotland, France
a)id Ireland defender of the faith, bearing date at Westminster the 20"'
day of June In the IT"* yeare of his Reigne, To be exercised nevertheless
according to such Instructions and with such Lymitations, Restrictions, con-
ditions and Provisoes as in these presents are hereafter conteyned ; Thereby
rattifying, confirming and allowing all and every such act and acts, thing

164 COLONIAL RECORDS.

and things which uiir .said Governor and our said Counct;llurs in our
Names shall doe in the premises pursuant to the Authority hereby
committed ; Provided and it is hereby declared that this present deede or
anything therein conteyned doth not extend nor shall it be deemed or
taken to extend, to give up to our said Governor or our said Councellors
or either or any of them any power or autliority to make any Manner of
Grant conveyance, devise oi- other like disposition of any Lands lying
within or being part of the said County, Isles or Islets aforesaid but
according to our instructions and concessions, and reserveing for every
acre English measure, A\'hieh ]jy virtue of this Authority you shall
graunt to any person or persons |* of lawfull mony of England yearely
Rent to be paid to us our heires or assignes, upon every 25'*" day of
March according to the English account the first payment whereof to
begin on the 25"' day of Marcli which shalbe according to tlie Englisli
account in the yetir of our Lord God 1670; Provided alsoe that noe order
or Lawes made or to be made by virtue of tliis oiu- Authority, shalbe in
force as Lawes, for any longer tearme tlien one yeare and a lialfe, within
one yeare of which time, they shalbe transmitted and presented to usfor
our Assent; which being given they shalbe in continewall force, till ex-
pired by there owne Ivymitation, or by act repealed ; Provided alsoe that
the executive parte of all the said powers herein given, shalbe made and
exercised by you our said Governor by and with the advice and consent of
the Major parte of our C\>uncell ; And if it shall liappen tliat our said
Governor or any of our said Councell shall depart or be absent at any
time from our said County, unless other provision be by us made, that
then it shall and may be lawfull, to and for our Governor and Councell
or the major parte of them resident in our said County, to nominate
elect and appointe any sucli able person or persons, as in there discretion,
to them shall seeme most fitt to serve in and supply the place of such of
tlie said persons res]»ectively, diu-ing there absence from our said Countv,
Giveing and graiuiting unto him or them soe chosen during the absence
of our said Governor or Councillors, as full, large and ample powers as
wee by these presents to our said Governor ov Councillors have given ;
Anything in this present Comision in any wise to tlie Contrary notwith-
standing; and alsoe in Case of death of the Governor or deatli or Re-
movall of any Member of our said Councell from tyme to tyme to nom-
inate and elect fitt and able persons in their steads or places, respectively,
which persons soe nominated and chosen shall exercise all powers to
those said Offices respectively l)elongIng till our pleasure be signified to
the Contrary; Given under our greate Scale of our said Province this
day of October Anno Domini 1667.

COLONIAL RECORDS. 165

[B. P. R. O. Col: Ent : Book. No. 20. p. 25.]

INSTRUCTIONS FOR OUR GOVERNOR OF THE COUNTY

OF ALBEMARLE IN THE PROVINCE

OF CAROLINA.

1. Imp'' you are to take to yon 6. Councillors at least 12. at most or
any eaven Number betweene 6. and 12. with whose advice and consent,
or witli at lea.st 3. of the 6. or 4. of a greater Number all being snni-
moned you are to governe according to the Lymitations and Instructions
following during our pleasure ;

The Cheife Register or Secretary which wee have chosen or shall
choose, we fayling that you .shall choose, shall keepe exact Enteryes in
faire bookes of all publicke affaires of said County and to avoyde deceates
and law suites shall record and enter all gi-aunts of Land from the Lords
to the planter, and all conveyances of Land, liou.se or houses from man
to man, as alsoe all leases for Land, house or houses made or to be
made, by the Landlords to any Tennant for more then one yeare, which
Conveyance or Lease shalbe first acknowledged by the Grantor or Leaser
or owner by the Oath of 2 Witnesses to the Conveyance or Lease before
the Governor or some Chiefe Judge of a Court for the time being, who
shall under his hand upon the backe side of the said deede or Lease,
attest the acknowledgement or proofe as aforesaid, which shalbe a war-
rant for the Register to record the same, Avhich Conveyance or Ijcase soe
recorded shalbe good and effectuall in Law, notwithstanding any other
Conveyance deede or Lease for said land, house or houses or for any parte
thereof, although dated before the Conveyance, deede or Ijease, recorded
as aforesaid and the said Register shall doe all other thing or things, that
wee by our Instructions shall direct and the Governor, Councell and
assemblye shall ordayne, for the good and welfaire of the said County.

2. Item The Surveyor Generall that we have chosen or shall choose,
we faileing that you shall choose shall have power by him.selfe or deputy
to survey, ley out and bound all such Lands, as shalbe graunted from the
Lords to the jjlanters and all other lands within the said County &c
which may concerne particider men, as he shalbe desired to doe, and a
particiUer thereof certify to the Regi.ster, to be reet)rded as aforesaid. Pro-
vided that if the .said Regi.ster and Surveyor or either of them shall soe
misbeliave themselves, as that the Govei'uor and CViuncell or Deputy
Governor and Councell or the majtir parte of tiicm .-^liall iind it reasonable

166 COLONIAL RECOEDS.

to suspend there actings in their respective Iniployments it shalbe lawful!
for them soe to doe, untill further (jrder from us.

3. Item All choyce of Officers, made by you shall)e for noe longer
time then during our Pleasure.

4. Item Yourselfe, Councellors, Assembly men, Secretarys, Surveyors
and all other Officers of trust shall sware or subscribe in a booke to be
provided for that purpose, that they ^vill bear true allegance to the Kinge
of England, his heires and Successors, and that they wilbe faithfull to the
Interest of the Lords Propryators of the Province and their heires, execu-
tors and assignes and endeavour the j^eace and wellfaire of the said pro-
vince, and they will truely and faithfully discharge their respective
trusts, in their respective Offices and doe equall justice to all men, accord-
ing to their best skill and judgment without Corruption, favour or aifec-
tion, and the names of all that have sworne or subscribed to be entered
in a l)ooke, and whoeSoever shall subscril>e and not sware, and shall vyo-
late his promise in that subscription shalbe lyable to the same punish-
ment that the persons are or may bee, that hath sworne and broken his
oath.

Item That all persons that are or shall become subjects to the King of
England, and sware or subscribe alleagance to the Kinge and faithfulness
to the Lords as above, shalbe admitted to plant and become fremen of the
province, and injoy the freedomes and Immunyties hereafter exprest,
untill some stop or contradiction be made by us the Lords, or else by the
Governor, Councell and Assembly which shalbe in force untill the Lords
see cause to the contrary, provided that such stopp shall not any waysc
prejudice the Right or Contine^A'ance of any person that hath beene re-
ceaved before such stopp or order come from the Lords or Generall
assembly.

Item That noe person ov persons quallifyed as aforesaid within the
province, or all or any of the Countyes before exprest at any time shalbe
anywayse molested, punished, disquieted or called in question for any
diiferances in oppinion or practice in matter of religious concernement whoe
doe not actually disturbe the civill peace of the said province or County,
l)ut that all and every such person and persons may from time to time
and at all times freely and fully have and injoy their Judgements and
Consiences in matter of religion, throughout all the said province, they
behaving themselves peaceably and quietly and not useing this liberty
to T^ivcentiousness, to the Civill Injury or outward disturbance of others,
any Law, Statute or Clause contained or to be contained Usuage or Cus-
tome of this roalme of England to the contrary hereof in any wise not-
withstanding;

COLONIAL RECORDS. 167

Item And that iiue pretence may he taken hy us our heirs or assignes,
for or hy reason of our rii>ht of patronage and power of advowson
graunted unto us hy His Majesties Letters Pattents aforesaid to infringe
therein* the (irenerall ehinse of Tjihei'ty of C^ontieni-e aforementioned, Wee
doe herehy grannt unto the (jenerall Assemlily of the said County Power
hy aet to eonstitnte and appoint sueii and soe many ministers or preachers
as they shall thinke fitt and to estahlish their maintenance, giveing Lih-
erty hesides to any 2)erson or pei'sons to keepe and maintayne what
Preachers or Ministers they please.

Item That the Inhabitants being freemen or Cheefc agents to others
of the County aforesaid doe as soone as this our Commission shall arrive
by virtue of a writ in our Names, sealed with our Scale of the County
and by yon signed, make choycc of 12. deputves or representatives from
amongst themselves, whoe being chosen are to joyne with you our Gov-
ernor and Councell for the makeing of such La\ves, Ordinances and Con-
stitutions as shalbe necessary for the present good and wellfaire of the
Connty aforesaid, but as soone as parishes, denizions, tribes or districtions
of the County are made, that then the Inhabitants or freeholders of the
severall and respective parishes, tribes, denizions and districtions of the
County aforesaid doe (by your writts under our Seale which wee ingage
shalbe in due time ishewed) annually meet on the 1° day of January and
choose two freeholders fore each respective denizion, tribe or parish to be
the deputves or representatives of the same, A\'hich body of the represen-
tatives or the major jjarte of them shall with the Governor and Councell
aforesaid be the General! assembly of the said County the Governor or
his deputy being present unless they shall wilfully refuse, in which ca.se
they may appoint themselves a President during the absence of the Gov-
ernor or his deputy Governor.

^Mlich Assembly are to have power

To appoint their owne times of meeting and to adjorne their Sessions
from time to time to such times and places as they shall thinke conven-
ient, as alsoe to assertane the Number of their (|uorum, provided that
such Numbers be not less then J jjarte of the wlmle, in whome or more
shalbe the full power of the Generall Assembly vizt :

Item To act and make all such Lawes, acts and constitutions as
shalbe necessary for the well government of the said Collony and them
to repeale, provided that the same be C(^nsonant to reast)n, and as neare
as may be conveniently agreable to the Lawes and Customes of his IMaj-
esties Kingdome of England, provided alsoe that they be not against the
Interest of us the Lortls Proprietors oiu- heires or assignes, nor any of

168 COLONIAL RECORDS.

these our present Concessions, espetially that they be not against the arti-
kle for liberty of eontience above mentioned, which Lawes &c soe made
shall receave publication from the Governor and Councill (but as the
Lawes of us and our Generall Assembly) and be in force for the space
of 1 yeare and J and noe more, (unless confirmed by us.) within which
time they are to be presented to us our heires &c for our ratification, and
being confirmed by us they shalbe in Continewall force, till expired by
their owne Lymitations or by act of repeale in like manner as aforesaid to
be passed and confirmed.

Item By act as aforesaid to constitute all Courts togeather with the
Lymitts, powers and Jurisdictions of the said Courts as alsoe the severall
Officers Number of Officers belonging to each of the said respective
Courts togeather with their severall and respective salleryes, fees and
perquisites, there appellations and dignityes, with the penaltyes that
shalbe due them for breach of their severall and respective dutyes and
trusts.

Item By Act as aforesaid to ley equall taxes and assesments equally
to rayse monies or goods upon the lands (excepting the Lands of us the
Lords Proprietors before setting) or persons within the severall precincts,
hundreds, parishes, Mannors or whatsoever other denizions shall hereaf-
ter be made and established in the said County, as oft as necessity
shall require, and in such manner as to them shall seeme most equall
and easye for the said inhabitants, in order to the better supporting of
the publicke Charge of the said Government and for the mutuall safety,
defence and security of the said County.

Item By act as aforesaid to erect within the said County such and soe
many Barronyes and Mannors with their necessary Courts, Jurisdic-
tions, freedoms and privi ledges as to them shall seeme convenient, as alsoe
to devide the said County into hundreds, parishes, tribes or such other
denizions and districtions as they shall thinke fitt, and the said denizions
to distinguish by what Names wee shall order or direct, and in default
thereof by such Names as they please, as alsoe within any parte of the
said County to create and appoint such and soe many ports, harbours,
Creekes and other places for the convenient ladeing and unladeing of
goods and merchandize out of shipcs boates and other vessels, as they
shall see expedient, with such Jurisdictions priviledges and franchises to
such ports &(• l)elonging as they shall judge most conduceing to the Gen-
erall good of the said plantation or County.

Item By their enacting to be confirmed as aforesaid to erect rayse and
build within the said (^innty or any parte thereof such and soe many

COLONIAL RECORDS. 160

forts, fortresses, Castles Cittyes, Corporations, Burroughs, Townes,
Villages, and other places of strengtli and defcnee, and them or any of
thera to incorporate with such Charters and priviledges as to them shall
.seeme good and our Charter will permitt, and the same or any of them
to fortifie and furnish with such proportion of ordinance, powder, shott,
armour and all other weapons, ammunition and habilliments of warr
both oifensive and defensive as shalbe thought necessary and convenient
for the safety and welfaire of the said County, but they may not at any
time demolish, dismantle or disfurnish the same without the consent of
the Governor and Major parte of the Councell.

Item Bv act as aforesaid to constitute trayne bands and Companies
with the number of soldiers for the safety, strength and defence of
the said County and province, and of the ports, Castles, Cittyes &c, to
suppress all intrigues and Rebellions to make warr ott'cusive and defen-
sive with all Indyans, Strangers and Forreigners as they see cause, and
to pursue an Enemy by sea as well as by land, and if needs be out of the
Lymits and Jurisdictions of said County, with the particuler consent
of the Governor and under the conduct of our Governor or whome he
shall appoint.

Item by act as aforesaid to give unto all Strangers as to them shall
seeme meete, at Naturallysation and all such freedomes and priviledges
within the said County, as to his Majesties sulyects doe of right belonge,
they swearing or subscribing as aforesaid which Strangers soe natural-
lised and priviledged shall alsoe have the same immiuiities from Cnstomes
as is granted by the kinge to us, and by us to the said County ; and shall
not be lyable to any other Cnstomes then the rest of his Majesties sub-
jects in said County are, but be in all respects accompted in that County
aforesaid as the King's Naturall Subjects.

Item By act as afoi^esaid to prescribe the quantityes of land \\'hich
shalbe from time to time alloted to every head free or sarvant, male or
female, and to make and ordaine rules for the casting of Ijotts for Land,
and leying out of the same, provided that they doe not in their said pre-
scriptions, exceed the severall proportions M-liich are hereby graunted b}'
us, to all persons arriving in the said County or adventuring theither that
is to say 60. acres to every freeman, and as much to his wife, the like to
each freewoman that arrives in said County and brings servants to settle,
and 60. acres to every Master or Mistris for every man sarvant he or
they shall bringe or send, armed with a good fierlocke or Matchlocke bore
12 bullets to the pound, 10 pounds of powder and twenty lbs of bullets
with Match proportionable, 50 acres for every other sort of sarvant and
18 ....

170 COLONIAL RECORDS.

50. acres for every servant for his or her proper use and behoofe, when
their time of servitude is expired, provided that all lands whatsoever soe
settled and planted shall afterwards from time to time for the space of 13
yeares from tlie date hereof be held upon the condition aforesaid of con-
tinewing one able man servant or 2 such M-eaker servants as aforesaid on
every 100. acres, a Master or Mistris shall possess besides what was
graunted for his or her owne person, infailer of which upon Notification
to the present occupant (ir his assignes there shalbe 3. yeares time given
to such for their compleating said Number of persons or for their
sayle or other disposure of such parte of their land as are not soe peopled
within which time of 3 yeares if any ]>erson holding anv Lands shall
fayle by himselfe, his agents, executors or assignes or some otlier way to
provide such number of persons, unless the Generall Assembly shall
without respect to poverty, judge that it was impossible for the party soe
fayleing to keepe or procure his or hei- number of servants to be pro-
vided as aforesaid in sucli case wee the Tjords to have power of disposeing
of so much of such Land as shall not be planted, ^v■ith its due Number
of persons as aforesaid to some other that will plant the same.

Except those lands which are decended to Orphants by Inherritance,
whonie wee hereby allowe 3. yeares time after there comeing to the age
of 21. yeares for the peopling of there land as aforesaid and then in case
of failer wee the Ijords to have power of disposure of their lands, as of
the lands of other persons, provided alwayse that anv person whoe hath
a stocke, of Catle, Sheepe or such like on his hands shall for everv greater
sort of Catle, which he hath at the time of such forfeiture, as horses,
kine &c. retane 2. acres and for every lesser sort as sheepe, hoggs &c. 1.
acre, provided alsoe that noe persons arriveing into the said Collony with
purpose to setle (they being subjects or natturallised as aforesaid) be de-
nyed a graunt of such proportions of land as at the time of their arriveall
are due to- themselves or servants by concession from us as aforesaid but
have full Lycence to take up and setle the same in such order and man-
ner as is graunted or prescribed, all lands notwithstanding (the power in
the assembly aforesaid) shalbe taken up by warrant from the Governor
and confirmed by the Governor and Councell under our Scale of the
County for that purpose provided, in such order and Meth-hood as shalbe
set dowue in this declaration and more at large in the Instructions to the
Governor and Councell

Lastly To enact, constitute and ordaine all such other Lawes, acts and
constitutions as shall or may be necessary for the good, jarosperity and
setlement of the said County, excepting what by these presents are ex-
cepted, and conformeing to the Limitations herein expressed.

COLONIAL RECORDS. 171

To .see all Courts established by the Lawes of the Generall Assembly
and all Ministers and Officers Civill or Millitary doe and execute their
several! dutyes and offices respectivel}' according to the Lawes in force,
and to punish them for swerveing from the Lawes or acting contrary to
their trust ; as the nature of their oflence shall require.

Item According to the Constitutions of the Generall Assembly to
nominate and commissionate the severall Judges Members and Officers of
Courts wheither Majestraticall or Ministeryall and all other Civill Offi-
cers as Justices, Coroners &c and their Comissions and powers and author-
ityes to revoake at pleasure, provided they appoint none but such as are
freeholders in the County afoi*esaid unless the Generall Assembly con-
sent.

Item According to the Constitutions of the Generall Assembly to
appoint Courts and Officers in cases criminiell and to empower them to
inflict penaltyes upon offenders against any of the Lawes in force in the
said County as tlie said Lawes shall ordayne, wheither by fine, Impris-
onment, banishment, corporall punishment or to the taking away of Mem-
ber or of life itselfe.

Item To place Officers and Soldiers for the safety, strength and defence
of the forts. Castles, Cittyes &c according to the Number appointed by
the Generall Assembly, to nominate, place and commissionate all Mili-
tary Officers under the Governor whoe as Commander in cheefe is com-
missionated by us, over the severall trayne bands and companies consti-
tuted by the Generall Assembly as Collonels, Captains &c and their
Commissions to revoake at pleasure the governor singly or with the ad-
vice of his Councill, which we advize him to take, to muster and trayne
all the soldiers within the said County to prosecute warr, pursue an En-
emy, suppress rebellions and mutinies as well by sea as land, and to exer-
cise the whole Millita as fully as by our Letters Pattents from the Kinge
wee cann impower him or them to doe, provided that they appoint noe
millitary Officers but what are freeholders in the said Cyounty, unless the
Generall Assembly shall consent.

Item Where they see cause after condemnation to repreive till the case
may be presented with a Coppy of the whole Tryall, proceedings and
proofes to the Lords, whoe will accordingly eitlier pardon or command
execution of the sentence on the offender ^v'hoe in the meane time to be
Kept in safe custody till the pleasure of the Lords be knowne.

Item In case of death or other removeall of any of the representa-
tives within the yeare to Ishew summons by Writt to the respective den-
izion or denizions for which hee or they were chosen commanding the free-
holders of the same to choose others in there steade.

172 COLONIAL RECORDS.

Item To make warranto and seale grauiito for Lands according to our
Concessions and prescriptions by the advice of the Generall Assembly in
such forme as shalbe at large set downe in our Instructions to the Gov-
ernor in his Commission and which are hereafter exprest.

Item To act and doe all other thing and things that may conduce to
the .safety, peace and well government of the said County as they sliall
see fitt, soe as they be not contrary to the Lawes of the County aforesaid.

For the better securing of the Propryetes of all inhabitants.

You are not to impose nor suifer to be imposed any taxe, Custome,
Subsidy, tallage, assessment or any other duty whatsoever upon any cul-
lor or pretence upon the said County and the Inhabitants thereof, other then
what shalbe imposed by the authority and consent of the Generall As-
sembly, and then only in manner as aforesaid.

Item You are to take care that land quietly held planted and pos-
sessed 7. yeares after its being first duely surveyed by the surveyor Gen-
erall or his order shall not be subject to any review resurvey or alteration
of bounds on wliat pretence soever by any of us, or any Officers or Min-
isters under us.

Item You are to take care tliat noe man if liis Catle, stray range or
graze on anv grovuid within the said County not actually appropriated
or set out to perticculer persons shalbe lyable to pay any trespas for the
same, our heires &c. provided that custome of Commons be not thereby pre-
tended to, nor any person hindred from takeing up and appropryateing
any Lands soe grazed upon, and that noe persons purposely doe sufi'er
his Catle to graze on such lands.

Item It is our will and desire that the Inhabitants of said County and
adventurers theither shall enjoy all the same Immuuityes from Customs
for exporting certine goods, from there Realmes of England &c. theither
as the Kinge hath beene graciously pleased to graunt to us, as alsoe for
the Incorragement of the manufactors of wine, silke, oyle, Ollives, fruits,
almonds Ac. mentioned in the ^Dattent have priviledge for bringing tliem
Custome free into any of liis Maj"** Dominions for the same time, and
upon the same tearmes, as wee ourselves may by our Pattent doe.

And that the planting of the County aforesaid may be more speedily
promoted.

You are to take notice tliat wee doe hereby graunt unto all persons wlioe
have already adventured theither or sliall transpoi-t themselves or servants
theither before the 20"" dav of December which shalbe in the veare of our

COLONIAL RECORDS. 178

Lord 1669 there following proportions of Land vizt: 60. acres Englisli
measure, to every freeman and as muoli to his wife, if he liave one, and
to every freewoman that already is or shall ari-ive into the said County
with a sarvant or sarvants to plant within the time aforesaid 60. acres
like measure to a Master or iMistris for every able man sarvant lie or shee
shall bringe or send as aforesaid being each of them armed with a good
fierlocke or matchlocke bore 12 l)ullcts to the pound 10 lbs. of powder
and 20. fts of bullets with match proportionable, 60 acres, and 50. acres
like measure for every other sort oi' sarvant, he or shee shall bring within
the time aforesaid, and to every of there servants soe transported within
the time aforesaid, 50. acres like measure to their proper use and behoofe,
when their time of servitude is expired, all which lands and all others
that shalbe possessed tliere are to be held on the same tearmes and condi-
tions as is before mentioned, and as is hereafter in the following para-
graphes more at large exprest.

And that the_ lands may be the more regulerly laid out and all persons
the better assertained of their tytles and possessions.

You are to take care and direct that all lands be devided by Generall
Lotts, none less then 2200. acres nor more then 2200. acres in each lott
except in Cittyes, Townes &c. and the neare lotts of Towneships and that
the same be undecimally devided ^ part by lott to us our heires and
assignes, the remainder to persons as they come to plant tlie same in such
proportions as is allowed.

Item That you or whoeme you shall depute in Case of death of ab-
sence, if some one be not before commissionated by us as aforesaid doe
give to every person to whome land is due, a warrant signed and sealed
by yourselfe and the major parte of your Councill, and directed to the
surveyor Generall or his deputy, commanding him to ley 'out lymitt and
bound acres of land (as his due proportion is) for such a person in
such allotment according to which warrant the Register haveing first re-
corded the same, and attested the record upon the warrant the Surveyor
Generall or his deputy shall proceed and certifie to the Cheefe Secrytary
or Register the name of the person, for whome hee hath laid out land, by
virtue of what authority, tlic date of the authority or warrant, the num-
ber of acres, the l)ounds, and on wliat point of the Compas the several!
Ijvmitts thereof lye, whicli certificate the Register is likewayse to enter
in a booke to be prepared for that purpose, with an alphabetical table
refering to the booke, that soe the Certificate may be the easyor fitund,
and then to fvle the Certificate, and the same to keepe safely.

174 COLONIAL RECORDS.

The Certificate being eutred a warrant compreliending all the partic-
culers of Land mentioned in the Certificate aforesaid is to be prepared by
the Secrytary, and signed and sealed by you and your Councell or the
major parte of them as aforesaid (they haveing seene the Entery) and
directed to the Register or Cheefe Seerytary for liis preparing a graunt
of the Land to the party for whome it is leyd out, which graunt shalbe in
forme following vizt:

The Lords Propryators of the Province of Carolina doe hereby graunt
unto, A. B. of the County of in the province aforesaid a planta-

tion in the said County of acres English measure bounding (as in the
said Certificate) to hold to him (or her) his (or her) heirs or assignes for
eaver; yielding and paying yearely to the said Lords Propryators their
lieires or assignes, every 25"" day of March according to the English
accomjit ^^ of lawfull English money for every of the said aci'e.s, to be
holden of the mannor of in free and ComnKjn Soccage the first pay-

ment of which rent to l)cgin on the 25"' day of ]March which shalbe in
the yeare of our Lord 1670 according to the English acccompt, given
under the Scale of the County of the day of in the yeare of

our Lord.

To which Instrument the Governor or his deputy hath hereby full
Authority to put the Scale of the said County and to subscribe his name,
as alsoe the Councell or major parte of them are to subscribe their names,
and then tlie Instrewment or graunt is to he by the Register recorded in a
booke of records for tliat purjjose, all which being done according to these
Instructions, wee hereby declare the same shalbe effectual in Law for the
Injoyment of the said plan* and all the benefitts and profitts of and in the
same except J pt of mynes of gould and silver paying the rent as afore-
said provided that if any plantation soe graunted shall by the space of 3.
yeares be neglected to the planted, with a sufficient number of servants as
is before mentioned that then it shallie lawfull for us otherwayse to dis-
pose thereof in whole or in parte this graunt notwithstanding.

Wee doe alsoe grant convenient proportions of Land for high way es and
for streets not exceeding 100 foote in breadth in Cittyes, townes, Vil-
lages &c. for Churches, forts, Wharfes, Keyes, harbcjurs and for ^Jublickc
houses, and to each parish for the use of their Ministers, 100. acres in
such places as the Generall Assembly shall appoint.

Item You are to take notice that all sucli lands leyed out for the uses
and purposes in the next proceeding artikle, shalbe free and exempt from
all rents, taxes and otlier charges or dutyes whatsoever, payal)le to us our
heires or assignes.

COLONIAL RECORDS. 175

Item That in leying out laiuls, for Cittves, Townes, Villager, Bur-
roughs or other haiiiletts, the said huuls be uiideciuially devided ^ parte
to be by lott hiid out for us, and tlic rest devided to such as shalbc will-
ing to buihl tliereon, tlie\' paying after the rate of h^ per acre yearely to
us, as for their other hinds as aforesaid which said lands in Cittyes &c is
to be assured to each possessoi" by the same way and Instrewment as is
before mentioned.

Item That all rules relating to l)uilding of each streete, and quantity
of ground to be allotted to each howse, within the said respective Cittyes,
Burroughes and Townes, be wholy left by act as aforesaid to the wisdome
and discretion of the Generall Assembly.

Item The Inlial)itants of said Ct)nnty have free passage thorrough, or
by any Seas, Sounds, Creekes, Rivers, Rivelets &c. in the said Province
of Carolina, through or by which they must neccssaryly pass to come
from the mayne Ocean to the County aforesaid or any parte of the pro-
vince aforesaid.

1668.

[Rkcords of Perquimans County. Book A. No. 66.]

George Duke of Albemarle Master of his Majesties Horse, Edward
Earle of Clarendon, William Earle of Craven, John Lord Berkley
Anthony Lord Ashley Chancel of the Exchequer, Sir George Carteret
Vice Chamberlain of his Majesty's household, Sir William Berkley
Knight, & Sr. Peter Colleton Baronet, the true and absolute Lords Pro-
prietors of all the Province of Cai'olina. To our trusty and well beloved
Samuel Stephens Esq' Governor of our County of AUiemarle, & the
Isles and Iiilets within ten Leagues thereof, and to our tru,sty and well
beloved, our Coun.sellors, and adju,stants to our said Governor, Greet-
ing.— Whereas we have received a petition from the Grand Assembly of
the County of Albemarle praying that the Inhabitants of the said County
may hold their Lands upon the same terms, and conditions that the In-
habitants of Virginia hold theirs, xlnd for as much as the said County
doth border upon Virginia, and is much of the same nature; we are con-
tent, and do grant, that the Inhabitants of said County do hold their
lands of us the Lords Proprietors upon " the same terms and conditions
that the Inhabitants of. Virginia hold theirs. — Werefore be it known

176 COLONIAL RECORDS.

unto all men by these presents, that we the said Lords and absolute Pro-
prietors of the County within the Province aforesaid, have given, granted,
and by these presents do give and grant full Power and Authority unto
you our said Govenor by and with the Consent of our Councel, or tlie
major part thereof, or to any Govenor for the time being or that shall
hereafter be by us appointed, full power and authority, by and with the
consent of our CoUncel then being, or the major part thereof, to convey,
and grant such proportions of Land, as b}' our Instructions and Conses-
sions annexed to our Commission, bearing date in October, Anno Domini
1667. We have appointed to such persons as shall come into our said
County to plant, or inhabit; To be held of us, our heirs and assigns
upon the same terms, and Conditions that land is at this present usually
granted in Virginia; anything in our Instructions and Concessions afore-
said, to the Contrary not withstanding. — And we do hereby declare &
consent that the warrant to the Surveyor for the laying out of said Land,
and the Return thereof being Registered and also the grant of you our
said Govenor, & Counsel, or Govenor and Counsel that shall be when
such Land is due, having tlie Seal of the County affixed to it, and signed
by your self, and Major part of our Counsel, for the time being, being
Registered, shall be good and eifectual in law for the enjoyment of the
said Ijand, or Plantation, and all the benefits and profits of, and in the
same; (Except one iialf of all Gold & Silver mines) to the party to
whom it is granted his heirs and assigns fjrever, he or they performing
the Conditions aforesaid. Given under our hands and great seal of our
Province, this first day of May, Anno Domini 1G68. Albemarle, Cra-
ven, John Berkley, Ashley, Carteret, P. Colliton.

[B. P. R. O. Colonial Papeks. Vol. XXIII. No. 23.]

ACCOUNT OF LORD WILLOITGHBY'S PROCEEDINGS

FROM HIS FIRST ARRIVAL AT BARRADOES

23 APRIL 1667.

BARBADOS. THE BEaiXNIXG AND PROGRESS OF MY PROCEEDINGS
HERE FROM MY FIRST ARRIVAL AT BARBADOS

APRiLL 23 1667 UXTO JULY 13 1668.

At my arrivall I found the island under three Governors my sonne
Henry Willoughby Col. Henry Hawley & Col. Sam. Barwicke the two

COLONIAL RECORDS. 177

latter planters who to ingratiate themselves with the people (thongh gen-
erally hated) endeavored to ohstrnet all bnsiness tending to the King's
honor and to the Conntrves safty when anything was {)roposed that might
pnt the Conntry to charge This cansed sneh a division hetweene the
loyally affected (who sided with my sonne Harry) and the factions and
seditions spiritts that nowe begin to appeare (of which Barwicke, Lam-
bert, Sir John Yeamans, Col. Sharpe Lt. Col. Edwd. Thornbnry, Lt.
Col. John Home Col. Philip Bell now of my Conncil are the head and
almost all, that had my arrivall beene protracted tenn daves longer they
had all beene together by the eares.

S"' John Yeamans another of this Assembly I at mv first arrivall re-
solveing to appeare indifferent (making him a judg of one of the Conrts)
the last Assembly then sitting bronght ,an accnsation against him for
hireing a witness to take away a man's life and made their request to me
that noe such person might be employed in Judicature Upon which I
sent for S"' John and advised him of it and of my kindnes to him and
would he have abided test I profered to stand by him which hee refused
and desired me to propose another for which I since understand he had
reason, he haveing beene formerly convict of the crime and the man \'et
alive whose life hee endeavoured to take and for noe other reason but
that he had a mind to the other gentleman's wife His sojine young
Lieut. Coll. Yeamans was one of the Assembly the first day they sate
told a Judge of this Island before much company that they (meaning
the Assembly) would call mee to an account for shipping of the Country
sugar though as yet I have not receaved one ounce.

W. WILLOUGHBY

Bar. July 22 '68.

1669.

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 39.]

COPY OF M' WEST'S COMISION AS COMANDER IN
CHIEF.

George Duke of Albemarle Cap' Gen" of all his Maj"" Forces, Ed-
ward Earl of Clarendon William Earl of Craven John L"* Berkeley
Anthony L"* Ashley Chancellor of the Exchequer Sir George Carteret
19

178 COLONIAL RECORDS.

Barron' Vice Chamberlain of His Maj*'*' Honsehonld S"" Peter Colleton
Barron' & S"^ William Berkeley Kn' the True & Absolute Lds & Pro-
prie'" of y° Province of Carolina

To our trusty & Wellbeloved Joseph West Greeting We doe hereby
constitute & appoint you during our Pleasure Governor & Commander
in Chief of our Fleet & y' persons embarqued in it bound for Carolina or
that shall embark in our Fleet before its arrival in Barbados over which
you are to place officers and cause them to be duly exercised in Armes
and to do all & every other thing or things, which under your Charge of
a Commander in Chief belongeth And wee by Virtue of His Maj"'' I^et-
ters Pattents bearing date at Westminster y^ 20"^ of June in y'^ lO""
year of his Reign have power to Grant Commanding all infered officers
of our said Fleet & Forces yon to obey as their Comander in Chief ac-
cording to this our Commission & the Power thereby given unto you.
And you yourself also are to observe & follow such order and Direction
as from time to time you shall receive from us & in all things to Govern
yourself as unto y" duty & place of a Governor & Comander in Chief
doth belong which place you are to Elxecute till another Governor for
that part of our province that .lyes to the Southward or Westward oflF
Cape Carterett shall appetir Which Comission under our Hands & Great
Scale of our Province to whom you are then to submitt & this Comission
to become voyd to all intents & purposes given under our hands and the
Great Seale of our Province this 27'" of July 1669.

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 33.]

LETTER TO HENRY BRAINE.

M"^ Henry Branie you are under theComand of M"" Joseph West (whom
we have apointed Com'''' in Chief of our Fleet till their arrival at Babados)
to saile to Kinsal in Ireland & from thence to Barbados as he shall direct
& order you & when you are at Barbados you are to observe the orders
of oiu- Governor for your proceedings to Port Royall, and to return
from Port Royall to Barbados or to Virginia as you shall be directed by
M" John Yeamans M' Thomas Colleton & M" Kingsland & there take
in passengers & other fraught for Port Royall, if you go to Virginia you
are to apply yourselfe to M"' William Burgh in Chocatuck creek in James
River in whose hands vou shall finde Instructions what vou are to do if

COLONIAL RECORDS. 179

you come to Barbados you are to deliver wliat goods you shall bring
from Port Royall for the Proprietors ace° to M' John Hallet & take his
& M." Thomas Colletons Advice for your proceedings from thence either
to saltordudos & Virginia or to Virginia directly or back to Port Royall.

When you are at Port Royall you are to consult with M' West &
our Governor there to what Port you shall goe when you goe from thence
& are to sail to that Port that any two of you three shall agree on all
being present at the Consultation if alive.

You are from time to time to send us an account of your Proceedings
what fraught your ship hath matle, and what you have delivered into
the hands of our Factors or any of our Agents.

[B. P. R. O. Col: Ent: Book. No. 20. p. 46.]

AT A MEETING OF THE PROPRIATORS OF CAROLINA

HELD AT THE COCKPITT THE 21" OF

OCTOBER 1069.

Present
The Duke of Albemarle
The Earl of Craven
The Lord Berkeley
The Lord Ashley
Sir George Carterett
Sir Peter Colleton

The Duke of Albemarle was elected the Hrst Pallatin of Carolina.
The Earle of Craven the first High Constable
The Lord Berkeley the first Chancellor
The Lord Ashley the first Chief Justice
Sir George Carteret the first Admirall
Sir Peter Colleton the first Hiy-h Steward.

180 COLONIAL RECORDS.

1670.

[B. P. R. O. Col: Ent: Book. No. 20. p. 47.]

AT A MEETING OF THE PROPRIETORS OF CAROLINA

AT SIR GEORGE CARTERETTS LODGINGS

AT WHITEHALL THE 20'" OF

JANUARY 1069. [70]

Present
The Earle of Craven
The Lord Berkeley
The Ijord Ashley
Sir George Carteret
Sir Peter Colleton
Sir Tho : Clarges for Christopher Duke of Albemarle

Geoi'ge Duke of Albemarle the first pallatin of Carolina being dead
The Lord Berkeley being the eldest in years of the surviving proprietors
succeeded him and was admitted the second pallatin of Carolina.

The Earle of C-raven continued his place of Con.stable

The Lord Ashley continued his place of Chief Justice

Sir George Carteret continued his place of Admirall

Sir Peter Colleton quitted his place of liigh Steward and made election
of that of Chancellor

The Duke of Albemarle sent his Cbmission to his Deputy in

Albemarle county by the tytle of Treasurer.

The Lord Berkeley Pallatin comissionated Samuell Stephens to be his
Deputy and Governor of Albemarle.

The Earle of Craven deputed John Jenkins

The Lord Ashley M"- John AVillughby

Sir George Carteret M' Peter Carteret

Sir Peter Colleton M'' Godfry

Tlie Duke of Albemarle sent a blank to the Govei'nor.

COLONIAL EECORDS. 181

[B. P. R. O. Col: Ent: Book. No. 20. p. 52.]

INSTRUCTIONS TO THE GOVERNOR AND COUNCELL
OF ALBEMARLE.

Wee liaveing agreed upon the Modell of Government lierewitli sent
you Signed and Sealed by us to be the fundanientall Constitution.s and
forme of Government of (,mr Province of Carolina for ever And not
being able at present to putt it fully in practise by reason of the want of
Landgraves and Cassiques and a sufficient number of people However
intending to come as nigh it as we cann in the present state of aftairs in
all the Collony of our said Province you are therefore required

1. As soon as conveniently you cann after the receipt of theise our In-
structions in our names to Issue out writts to the Fower Precincts of the
County of Albemarle requireing each of them to elect five freeholders to be
their representatives to whom the five persons chosen by us being added
and M'ho for the present represent the Nobillity are to be your Assembh-
They haveing chosen their Speaker you are in our names to require them
to elect five persons which being joyned to those five deputed by us are
to be your Councell by whose advice and consent or at least the major
part of sixe of them all being summoned you are to governe according
to the limitations and Instructions following observing what cann at
present be put in practice of our Fundanientall Constitutions and forme
of Government which Councell for the present to be in steed of the
Grand Councell mentioned in our fundanientall Constitutions and form
of Government And exercise the same powers and Jurisdictions the said
Grand Councell is to doe by your fundanientall (Constitutions and forme
of Government

2. You are to cause all i)ersons soe chosen to svveare Alleageance to our
Soveraigne Lord the King, and Fidellity and submission to the Proprie-
tors and the form t)f Government by them established; but in case any
man for Religion sake, be not free to sweare then shall he subscribe the
same in a Book for that ca.se provided which shall be deemed the same
with swearing.

3. Yourselfe and the five Deputys of the respective proprietors are to
represent the Pallatines Court and exerci.se the same Jurisdictions and
powers that by our fundamentall Constitutions and forme of Government
to that Court doth appertaine.

182 COLONIAL RECORDS.

4. You are by and with the consent of the Councell to establish such
Courts and soe many as you shall for the present think fitt for tlie admin-
istration of Justice till our Grand Modell of Government cann come to
be putt in execution.

6. You are by and with the Consent of the Assembly to make such
laws as you sliall from time to time find necessary, which laws being- rat-
tified by you and any tliree of our five deputys shall be in force as is in
that case provided in the Twelftli and other Articles of our fundamentall
constitutions and forme of Government. You are as soon as conveniently
you cann to cause the Surveyor Generall to divide the Country into
squares of 12000. acres By which wa intend not to alter any mans Right
but that those measures and rules that We have agreed on in our funda-
mentall Constitutions and forme of Goverinnent may the sooner and
easier come to be putt in practice amongst you.

6. You are to take notice that we doe grant unto all Free persons that
doe come to plant in Carolina before the 25"' of December 1672 And are
above the age of sixteene yeares, sixty acres of Land And tt) the said
Free persons for every al^le man servant with a good fyerlocke 10""^ of
powder and twenty pounds of Bullet sixty acres For every other sort
of servant fifty acres And to each of the said servants when out of
their time fifty acres to his or hei' propei- use and behoofe and to their
heirs &c for ever.

7. Any person haveing transported liiiuselfe or servants into the County
to plant shall make the same appeare to yourselfe and Couucill wlu)
shall thereupon issue (jut a warrant to the Surveyor Generall to lay him
out a parcell of Land according to the Proportion mentioned in theise
our instructions And the Surveyor liaveing done the same And the war-
rant with the Surveyor GeneraU's returne thereon being recorded And
the person to whom this land is granted haveing sworne or subscribed
Alleageance to our Soveraigne Lord the King and fidellity and submis-
sion to the Lords Proprietors and their fundamentall Constitutions and
forme of Government You are under the Scale for that use provide<l to
passe this following grant.

John Lord Berkeley of Stratton Lord Lieutenant of the Kingdome
of Ireland and Pallatiue of Carolina and the rest of the true and absolute
Lords and Proprietors of C-arolina To all persons to ^\'honl theise pres-
ents shall come greeting in our Lord God everlasting.

Know yee that we the said Lords and absolute Proprietors according
to our Instructions dated at Whitehall the day of January 1669

Remaining upon Record in the County of Albemarle in the Province

COLONIAL liECOEDS. 183

iifort'said Doe lierehv ti'vant unto A. I?, of the said Cduntv planter a
Plantation containint;; acres of land English measure lying and

being in the Preeinet of A. in the said Conntv hounded N the said Laud
being due to the said A. B. l)y and for the transportation into this (V)unty
of persons whose names are upon Record under this Pattent. To have
and to hould the said Plantation unto the said A. B. his heirs and As-
signes forever with Priviledge of Hawking Hunting, Fishing and fowl-
ing with all woods and trees, with what else is there standing, growing
and being exeept all mines, and mineralls, and all quarrys of Jemms and
pretious Stones. Yeilding and j)aying therefore unto us our Heirs and
Successors yearely every twenty fifth day of March according to the
English accompt one halfe penny of lawfull English money or the val-
lew thereof for every of the said acres to be houlden of us in Free and
Common Soccage the first payement of the Rent to begin the five and
twentieth day of March which shall be in the yeare 1670 Provided
aUvaies tliat if the said Jjand be not seated within one yeare after the
date hereof then this Pattent to be V(jid else to stand in full force Given
at under the seale of our County of Albemarle this

day of A. D. 1670. Being the sixth yeare of our possession of our
Province of Carolina. Witness Peter Cartrett Esq"'" Governor and
Commander in Cheife of our said County and our trusty and wel be-
loved our Councellors who have hereunto sett their hands the day and
yeare above said.

[B. P. R. O. Col: Ent: Book. No. 20. p. 48.]

ACTS OF THE ASSEMBLY OF ALBEMARLE RATTIFIED
AND CONFIRMED BY THE PROPRIE-
TORS THE 20«' JAN--^ 1669 (-70).

AX ACT PROHIBITIXC; SUEING OF ANY PERSON WITHIN 5. YEARES.

Whereas there hath not binn sufficient Encouragement hitherto granted
to persons transjiorting themselves and Estates into this County to plant
or inhabit. For remedy whereof be it enacted by the Pallatine and
Lords Proprietors by and with the advice and consent of this present
grand Assembly and the authority thereof that noe person transporting
themselves into this County after the date hereof shall be lyable to be
sued during the terme and space of five yeares afler their Arrival for any

184 COLONIAL RECORDS.

dobt contracted or cause of action given Avithout the County and that noe
person liveing in tliis County shall on any pretence whatsoever receive
any letter of Atturney Bill or account to recover any debt within the
time above mentioned of a Delitor liveing here ^\•itll out the said Debtor
freelv consent to it.

AN ACT CONCERNING MARRIAGES.

Forasmuch as there may be divers people that are minded to be joyned
together in the holy state of AVedlock and for that there is noe minister
as yet in this County l)v whom the said Partves may be joyned in Wed-
lock according to tiie rites and customs of our native Country the King-
dome of England that none may be hindred from this soe necessary a
worke for the preservation of Mankind and setlement of this County it
is enacted And be it enacted by the Pallatinc and Lords Proprietors of
Carolina by and with the advice and consent of the Present Grand Assem-
bly and autln)rity thereof that any two persons desiring to be joyned to-
gether in the holy state of matrimony takeing three or fower of their
Neighbours along with them and repairing to the Governor or any one
of the Councell before him declaring that they doe joyne together in the
holy state of "Wedlock And doe accept one the other for man and wife ;
and the said Governor or Councellor liefore whom such act is performed
giveing Certificate thereof and the said Certificate being registered in the
Secrytary's Office or by the Register of the Precinct or in such other
Office as shall hereafter for that use be provided It shall be deemed a
Lawfull Marriage and the partves violating this Marriage shall be pun-
ishable as if they had binn marryed by a minister according to the rites
and Customs of England.

AN At;T CONCERNING TRANSFERRING OF RIGHTS.

There being divers persons who resort into this County and perhapps
ill a short time leave it againe yett neverthelesse whilst they are here, they
make sale of their Rights to land which thing may pro\-e very prejudi-
ciall to our Lords Proprietors and to the speedy setlement of this County
be it therefore enacted by the Pallatine and Ltu'ds Proprietors by and
with the advice and consent of this present Grand Assembly That noe
person or jiersons whatsoever shall make sale of their Right or Rights to
land until! lie hath binn two compleate years at least an inhabitant in the
Countv.

COLONIAL RECORDS. 185

AN ACT EXEMPTING NEW COMJIEItS FR(JM PAYINC; EP:VYS FOK
ONE YEAUE.

Bee it enacted by the Pallatine and I^ords Pr()])rietors and with the ad-
vice and consent of the Crand Assembly and tlie authority thereof tliat anv
person or persons transporting themselves and Families into this Conntv
to plant and here seat themselves shall be exempted from paying levys
for one whole yeare after their arrival). Provided always there be noe
emergent charge which the Vu-v Pallatine Ci)unscll and Assembly shall
judge extraordinary.

AX ACT A(iAINSr IN(;H( H EIJS.

Whereas divers adventurers have transported Conimodyties into this
County which hath binn engrosed by some particidar persons to retaile
again at unreasonable rates to the Inhabitants of this County to jjrevent
which inconvenience for the future It is enacted and be it enacted by the
Pallatine and Proprietors by and with the advice and consent of this
present Grand Assembly and the authority thereof that an\' person what-
soever witliin this County that shall after the Publication hereof presume
to engrose any quantity of goods from any adventurer to sell and retaile
againe at unreasonable rates to the Inhabitants shall ft>rfeit for every
such offence tenn thousand pounds oi' tobacco, the one lialfe to the in-
former, the other halfe to the use of the Lords Proprietors.

And it is hereby further declared and enacted by the authority afore-
said that any person or persons that shall buy goods of any Adventurer
and retaile the same except he cann in tenn days jiroduce to the valle\\-
of the said Goods so purchased oi' liis owne proper Tobacco or Estate
according to the bargaine in kinde he shall be deemed an Ingrocer and
proceed against as in this act for that case is provided. Provided never-
theless that this Act shall not extend to the Prohibiting anyone that shall
keep Shopp or retaile any sorte of Comodytys in any Tt)wne that is or
shall be erected by the Lords Proprietors or by their order.

AN ACT CONCERNING DEFRAYING THE CHARGE OF THE GOVERNOR
AND t.'OUNCELL.

Whereas there hath never any course been taken for the defraying the

necessary charge of the Governor and Councell in time of Courte And for

as much as the Grand Assembly doe thinke it unreasonable that they

should spend their times in the service of the County and not have their

20

186 COLONIAL RECORDS.

Charges borne, be it therefore enacted by the Pallatine and Proprietors
by and with the advice and consent of this present Grand ^\_ssembly and
the authority thereof That there be thirty ponnds of Tol)aeco levyed npon
every Action that comes into Conrte from him that is cast and that it be
levyed and collected by the Sheriif with his fees And disposed of by
order of the Governor and Councell for defraying their ordinary charge.

AN ACT WHAT LAND MEN SHALL HOULD IN ONE DEVIDEND.

Whereas there are divers men that have right to great tracts land, and
not nigh people enongh to manure and people the same, by which means
the Country will great ]>art thereof lye unseated and unpeopled which
may prove prejudiciall to the safety and interest of the Right Honorable
the Lords Projirietors of the County For prevention whereof it is there-
fore enacted and be it enacted by the Pallatine and Lords Proprietors by
and with the advice and consent of the Grand Assembly and autiiority
thereof that noc person or persons whatsoever he be within this County
under the degi'ee of a Proprietor, Landgrave or Cassique shall have Lib-
erty for the space of five yeares next ensueing to survey or ley out above
six hundred and sixty acres of Land in one devidend that soe the County
may be the speedier seated, without express leave obtained from the
Lords Proprietors.

And it is hereby further enacted that there sliall not bee granted in
any warrant any quantity of Land but what is allowed according to the
Quallity of the riglit and is exprest in the Pro))rietors Instructions, con-
cessions or fundamentall Constitutions or forme of Government.

AN ACT FOR THE SPEEDIER SEATING OF LAND.

Whereas there are several! of the Liliabitauts within this County that
formerly did cleare some small quantity of Tjand and build some ln)uses
thereon which now have forsaken it espetially on >South Lanchester side
of the west of Chowan and other parts of the Comity And in as much
as the said Land lyes voyd and nnplanted which proves a hindrance to
the Setlement of the County Be it therefore enacted by the Pallatine and
I^ords Proprietors by and with the advice and consent of this present
Grand Assembly and the authority thereof Tliat if any person or per-
sons that have bestowed any Labour as above said on any Land within
the County shall not repaire to it and seat the same within sixe months
atter the publication hereof that then it shall and may be hnvfull foi' tlie
Governor and Councell to lett it out to any other person to doe it The

COLONIAL RECORDS. 187

party tu.wliuni it is soe lett out paying' to the tir.st laboiiror .so JiiiK-li as
it shall be atljudiiecl bv ibwer houfst lUfii to be worth.

AN ACT PROHIBITING STKANCEKS TRADING WITH THE INDIANS.

For as niueh as there is often reeourse of Strangers from other parts
into this County to truck and trade with the Indians whidi is conceived
may prove very prejudiciall Wherefore be it enacted by the Pallatine and
Tjords Proprietors by and witli the advice and consent of the Grand As-
sembly and the authority thereof that if any person or persons of what
quallity or Condition soever they be shall presume to come into this
County to truck or trade with any of our neighbouring Indians bek)ng-
ing to the County or that shall be found to have any Indian trade pur-
chased from them or being found or appearing that they come to trade
with any Indians as aforesaid Whether in their Townes or elsewhere
within the County which is hereby left for the Magistrate to judge it
shall bee lawfull for any person or persons to apprehend any such per-
sons or Forreigners that shall be found amongst the Indians or elsewhere
within the limitts of the County and him or them bring before the Gov-
ernor or any one of the Coimcell who shall hereby have ^Jower to comitt
them to prison there to abide till they have paid tenn thousand pounds
of tobacco and caske otherwise to stand to the censure of the Vice Palla-
tine and Councell And it is further declared that whatsoever Trade is
found with the person apprehended One halfe thereof and one lialfe of
the fine shall belong to the Apprehendor and the other halfe to the Lords
Proprietors.

The fore going Acts weare past againe the IS"" of October and sent
per M'' Xixon.

[Reprinted from Revised Rtatutes of North Carolina, Vol. II, Page 449.]

THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA,
DRAWN UP BY JOHN LOCKE, MARCH 1, 16G9.

(See Locke's Works, 8tli edition, volume 10, page 17.').)

Our sovereign I^ord the King, having out of his royal grace and bounty,
granted unto us the Province of Carolina, witli all the royalties, pro))er-
ties, jurisdictions and priviledges of a County Palatine, as large and
ample as the County Palatine of Durham, with other great Priviledges;

188 COLONIAL RECOEDS.

fur the better .-;ettlemeiit of the guverimient of tlie said plate, and estab-
lisliing the interest of the Lords Proi>rietor,s with equality, and without
confusion ; and that the government of this Province may be made most
agreeable to the Monarchy under which we live, and of which this Prov-
ince is a part; and that we may avoid erecting a numerous democracy:
We, the Lords and 2n-opriet(jrs of the Province aforesaid, have agreed
to this following form of government, to be perpetually established
amongst us, unto which we do oblige ourselves, our heirs and successors,
in the most binding ways that can be devised.

1st. The eldest of the Lords Proprietors shall be Palatine; and upon
the deceas'fe of the Palatine the eldest of the seven sui'viving proprietors
shall always succeed him.

2d. There shall be seven other cliief officers erected, viz. the Admirals,
Chamberlains, Chancellors, Constables, Chief Justices, High Stewards
and Treasurers ; wliich places shall be enj(_)yed by none but the Lords
Proprietors, to be assigned at first by lot; and upon the vacancy of any
one of tlie seven great offices, by death or otherwise, the eldest proprietor
shall have his choice of the said place.

3d. The whole Province siiall be divided into Counties; each county
shall consist of eight signories, eight baronies and four ])recincts; each
precinct shall consist of six colonies.

4th. Each signory, l)ai\iuy, and colony, sliall consist of twelve thou-
sand acres, the eight signories being the share of the eight proprietors,
and the eight baronies of the nobility; both which shares, being each of
them one fifth of the wIkjIc, are to be jterjjetually annexed, the one to the
proprietors and the otliei' to the hereditary nobility; leaving the colonies,
being three fifths, amongst the jjcople ; so that in setting out and plant-
ing the lands, the balance of the government may be preserved.

5th. At any time before tiie year one thousand, seven hundred and one,
any of the lords prtiprietors shall have power to relinquisli, alienate and
dispose tt) any other person, his proprietorship, and all the signories,
powers, and interest, tliereuuto belonging, wholly and intirely together,
and not otherwise. IJiit after the year one thousand, seven hundred,
those who are then Lords Proprietors, shall not have power to alienate,
or make over their proprietorship, with the signories and priviledges
thereunto belonging or any part thereof to any person whatsoever, other-
wise than in section IStii ; but it shall all descend unto their heirs male;
and for want of lieirs male, it shall descend on that Landgrave, or Ca-
siqne, of Carolina, who is descended of the next heirs female of the pro-
prietor; and fi)r want of such lieirs, it shall descend on the next heir

COLONIAL RECORDS. 189

general; aiul for want of sucli heirs, the reniaininii' seven proprietors
shall npon the vaeaney, choose a Landgrave to sueeeed the deceased pro-
prietors, who being chosen by the majority of the seven surviving pro-
prietors, he and his heirs, suiressively, shall I>e proprietors, as fully, to
all intents and purposes, as any of the rest.

6th. That the number of eight jTi'oprietors may be constantly kept ; if
upon the vacancy of any proprietorship, the seven surviving proprietors
shall not choose a Ijandgrave to be a proprietor, before the second bien-
nial parliament atiter the vacancy, then the next* biennial parliament but
one, after such vacancy shall have power to ciioose any I^andgrave to be
a proprietor.

7th. Whosoever atter the year one thousand seven hundretl, either by
inheritance or choice, shall succeed any proprietor in his proprietorship
and signories thereunto belonging, shall be obliged to take the name and
arms of that proprietor whom he succeeds, which from thencetbrth shall
be the name and arms of his family and their posterity.

8th. Whatsoever Landgrave or Casitjue shall any way come to be a
proprietor, shall take the signories annexed to the said i)roprietorship :
but his former dignity, with the baronies ainiexed, siiall devolve into the
hands of the Lords ProjJrietors.

9th. There shall be just as many Landgraves as there are counties,
and twice as many Casi(pics, autl no more. These shall be the hereditary
nobility of the Province, and by right of their dignity be members of
parliament. Each I^andgrave shall have four baronies, and each Casique
two baronies, hereditarily and unalterably annexed to and settled upon
the said dignity.

10th. The first Landgraves and C'asiques, of the twelve first counties
to be planted, shall be nominated thus, that is to say, of the twelve
Landgraves, the Lords Proprietors shall each of them separately for
himself, nominate and choose one; and the remaining four Landgraves of
the first twelve shall be nominated and chosen by the Palatine's court. In
like manner of the twentyfour first Casiques, each projjrietor for himself
shall nominate and choose two, and the remaining eight shall be nomi-
nated and chosen by the palatine's c(.)urt ; and when the twelve first coun-
ties shall be planted, the Lords Proprietors shall again, in the same man-
ner, nominate and choose twelve more Landgraves, and twentyfour more
Casiques, for the next twelve comities to be planted ; that is to say, two
thirds of each numl)er, by the single nomination of each proprietor for
himself, and the remaining third by the joint election of the palatine's
court; and so proceed in the same manner, till the whole province of

190 COLONIAL KECORDS.

Carolina be set out and planted, aeeording to the proportions in these fun-
damental eonstitution.s.

11th. Any Landgrave or Casique, at any time before the year one
thousand seven hundred and one, shall have power to alienate, sell or
make over to any other person, his dignity, with tlie baronies thereunto
belonging, all intirely togetlier; but after the year one tliousand, seven
hundred, no Landgrave or Casique sliall have power to alienate, sell,
make over, or let the hereditary baronies of his dignity, or any part
thereof, otherwise than as in section ISth; but they shall all intirely,
with the dignity thereiuito belonging, descend unto his heirs male ; and
for want of heirs male, all intirely and undivided, to the next heir gen-
eral ; and for want of such heirs shall devolve into the hands of the
Lords proprietors.

12th. That the due number of Landgraves and Casiques, may be
always kept up; if upon the devolution of any landgraveship, or
Casiqueship, the palatine's court shall not settle the devolved dignity,
with baronies thereunto annexed, before the second bieiniial parliament,
after such devolution, the next biennial parliament but one, after such
devolution, shall have power to make any one landgrave or casique, in
the room of him who dying without heirs, his dignity and baronies
devolved.

1 3th. No one person shall have more than one dignity, with the signiories
(U- baronies thereunto belonging. But whensoever it shall liappen, that
anv one who is already Proprietor, Landgrave, or Casique, shall have any
of these dignities descend to him by inheritance, it shall be at his choice
to keep which of the dignities, with the lands annexed, he shall like best ;
but shall leave the other, with the lands annexed, to be enjoyed by him,
who not being his heir apparent, and certain successor to his present dig-
nity, is next of blood.

14tli. Whosoever by right of inheritance, shall come to be Landgrave
or Casique, shall take the name and arms of his predecessor in that dig-
nity, to be from thenceforth the name and arms of his family and their
posterity.

15th. Since the dignity of Proprietor, Landgrave or Casique, cannot
be divided, and the signiories or baronies, thereunto annexed, must for-
ever all intirely descend with and accompany that dignity; whensoever
for want of heirs male, it shall descend on the issue female, the eldest
daughti'r and her heirs shall be preferred, and in the inlieritance of those
dignities, and in the signiories or bart)nies annexed, there shall be no co-
heirs.

COLONIAL RECORDS. 191

16th. In every siii'iiiorv, harony, and manor, tlie respective Lord shall
have power in his own name to hold eonrt leet there, for trying of all
causes, ht)th civil and criminal ; hnt where it shall concern any person
being no inhabitant, vassal, or leet man, of the said signiory, Itarony or
manor, he upon paying d(n\'n of forty shillings, for the Lords Proprie-
tors' use, shall liave an appeal from the signiory, or barony court, to the
county court, and from the manor coiu't to the precinct court.

17th. Every mant)r shall consist of not less than three thousand acres,
and not above twelve thousand acres, in one intire piece and colony; but
any three thousand acres or more, in one piece, and the possession of one
man, shall not be a manor, unless it be constituted a manor bv the grant
of the palatine's court.

18th. The Lords of signiories and baronies, shall have power onlv of
granting estates not exceeding three lives, or twentyone vears, in two
thirds of the said signiories, or liaronies, and the remaining third shall be
ahvays demesne.

19th. Any Lord of a manor, may alienate, sell, or dispose to any other
person and his heirs forever, his manor all intirely together, with all the
priviledges and leet men, thereunto belonging, so far forth as any colony
lands ; but no grant of any part thereof, either in fee or for any longer
term than three lives, oi- one and twenty years, shall be good against the
next heir.

20th. No manor, for want of issue male, shall be divided amongst co-
heirs; but the manor, if there be but one, shall all intirely descend to the
eldest daughter an<l lier heirs. If there be more manors than one, the
eldest daughter fii'st shall have her choice, the second next, and so on,
beginning again at the eldest until all the manors betaken up; that so
the priviledges which belong to manors, being indivisible, the lands of
the manors, to which they are amiexed, may be ke]>t intire, and the manor
not lose those priviledges, which upon parcelling out to several owners
must necessarily cease.

21st. Every Lord of a manor, within his own manor, shall ha\-e all
the powers, jurisdictions and ])riviledges, which a Landgi'ave or Casiqne
hath in his baronies.

22d. In every signiory, barony and manor, all the leet men shall be
under the jurisdiction of the respective Ijords of the said signiory, barony
or manor, without appeal from him. Nor shall any leet man, or leet
woman have liberty to go ott' from the land of their particular I^ord and
live any where else, without license obtained from their said Lord, under
hand and seal.

192 COLONIAL RECORDS.

23d. All the children of leet men, shall l)e leet men, and so to all gen-
erations.

24th. No man shall be capal)le of liaviiiii' a eonrt leet, or leet men, but
!i Proprietor, Ijandgrave, Casique, or l^ord of a manor.

25th. Whoever shall v<)bintarily entei' himself a leet man, in the reg-
istry of the <'ounty court, shall be a leet man.

2r)th. Whoevci' is Jjord of leet men, shall upon the marriage of a leet
man, or leet woman of his, give them ten aeres of land, for their lives,
they paying to him therefore, not moi'c than one eighth ])art of all the
yearly produce and growth of tlie said ten aeres.

27tli. No l^andgrave or ('asi(|ue, shall l)e tried foi' any criminal cause,
in any but the Chief-justice's court, and that by a jury of his peers.

2fSth. There shall be eight su])reme Courts. Tiie first called the pal-
atine's court, consisting of the Palatine and the other seven Proprietors.
The other seven coui'ts, of llie othei- seven great officers, shall consist
each of them of a Propi'ietor, and six counsellors added to him. Under
each of these latter seven courts, shall be a college of twelve assistants.
The twelve assistants of the several colleges, shall be chosen, two out of the
Landgraves, Casiques, or eklest sons of the Pro23riet(.)rs, l)y the palatine's
court: two out of the Landgraves, by the Landgraves' chamber; two
out of the Casiques, by the Casiques' chamber ; four more of the twelve
shall be chosen by the Common's chamber, out of such as have been or
are members of ]iarliament, sheriffs, or justices of the county court, or
the vounger sons of Proprietors, or the eldest sons of Landgraves or
Casiques; the two others shall be chosen by the Palatine's coiu-t, out of
the same sort of persons out of which the ct)inmou's c-hamber is to choose.

29th. Out of these colleges, shall be chosen at first by the palatine's
court, six counsellors to be joined with each Proprietor in his court; of
which six, one shall l>e of those, who were chosen into any of the col-
leges by the jialatine's court, out of the Landgraves, Casiques, or eldest
sons of Proprietor's; one, out of those who were chosen by the Land-
grave's chamber ; one, out of those who were cliosen by the Casique's
chamber; two, out of those who were chosen by the Common's chamber :
and one out of those who were chosen by the Palatine's court, out of the
Proprietor's younger sons, or eldest sous of Landgraves, Casicjues, or
Commons qualified as aforesaid.

3(»th. When it shall haj)pen that any counsellor dies, and thereby there
is a vacancy ; the grand council shall have power to remove any counsel-
lor that is willing to be removed out of any of the Proprietor's courts,
to fill up the vacancy, provided they take a man of the same degree and

COLONIAL KKCOKJKS. 193

choice the other was of, whose phiee is to he Hllcd uji. J>ut if no eoiiii-
selk>r consent to l)e reniovi'd, or upon such remove tlie last remaining
vacant phice, in any of the Proprietor's courts, shall he tilled up hy the
clioice of the grand council, \\ho shall ha\c powci" to remove out oi' anv
of the colleges, any assistant who is of the same degree and choice that
counsellor was of, into whose vacant |)lace he is to succeed. The grand
counsil also, have power to remove any assistant, that is willing, out of
one college into another, provided he he of the same degi'ce and choice.
But the last remaining vacant ])lace in any college, shall he tilled ujt hv
the same choice, and out of the same degree of ])ersons the assistant was
of, who is dead or removed. No place shall ]»■ vacant iu any Proprie-
tor's court ahove six months. No place shall he vacant iu any college,
longer than the next session of parliament.

31st. No man heing a memher of the grand council, or of anv of the
seven colleges, shall he turned out, hut for misdemeanour, of \\hicli the
grand council shall he judge; and the vacancy of tlie person so put out,
shall l)e filled, not hv the election of the grand council, hut hy those who
first chose him, and out of the same degree he was of, who is expelled.
But it is not herehv to be understood, that the grand council hath any
power to turn out any one of the Lords Proprietors, or their deputies;
the Lords Proprietors having in themselves, an inherent original right.

32d. All elections in the parliament, in the several chambers of the
parliament, and in the grand council, shall be passed by balloting.

33d. The Palatine's court shall consist of tlie palatine, and seven Pro-
prietors, wherein nothing shall be acted without the presence and consent
of the Palatine or his deputy, and three other of the Proprietors or their
deputies. This court shall have power to call Parliaments, to pardon all
offences, to make elections of all officers in the Proprietor's dispose, and
to nominate and appoint port townes; and also shall have power Ijy
their order to the treasurer, to dispose of all puljlic treasure, excepting
money granted by the Parliament, and hy them directed to some partic-
ular public use; and shall also have a negative upon all acts, orders, votes
and judgments of the grand council and the parliament, excej)t only as
in Sec. 6th and 12th, and shall have all the powers granted to the Lords
Proprietors, by their patent from our sovereign lord the king, except in
such things as are limited by these fundamental constitutions.

34th. The Palatine himself, when he iu person shall he either in the
army, or any of the Proprietor's courts, shall then have the power of
general, or of that Proprietor in whose court he is then present, and the

21

194 COLONIAL RECORDS.

Proprietor in whose court the Palatine then presides, shall during his
presence there, be but as one of the council.

35th. The chancellor's court, consisting of one of the Proprietors, and
his six counsellors, who shall be called vice chancellors, shall have the
custody of the seal of the Palatine, under which charters of lands or
otherwise, commissions and grants of the Palatine's coiu-t, shall pass.
And it shall not be lawful to put the seal of the Palatinate to any writ-
ing, which is not signed by the Palatine or his deputy, and three other
Proprietoi's or their deputies. To this court also belong all state matters,
despatches, and treaties with the neighbour Indians. To this court also
belong all invasions of the law, of liberty, of conscience, and all inva-
sions of the public peace, upon pretence of religion, as also the license
of printing. The twelve assistants belonging to this court, shall be
called recorders.

36th. Whatever passes under the seal of the Palatinate, shall be
registered in that proprietor's court to which the matter therein contained,
belongs.

37th. The Chancellor or his deputy, shall be always speaker in Par-
liament, and president of the grand council, and in his and his deputy's
absence, one of the vice chancellors.

38th. The Chief Justice's Court consisting of one of the proprietors
and six counselloi's, who shall be called justices of the bench, shall judge
all appeals in cases both civil and criminal, except all such cases as shall
be under the JTu-isdiction and cognizance of any other of the Proprietor's
courts, which shall be tried in those courts respectively. The govern-
ment and regulation of registries of writings and contracts, shall belong-
to the jurisdiction of this court. The twelve assistants of this court,
shall be called masters.

39tli. The Cimstable's Court, consisting of one of the Proprietors and
his six counsellors, who shall be called Marshalls shall order and deter-
mine of all military aftairsby land, and all land forces, arms, ammuni-
tion, artillery, garrisons and forts, &c. and whatever belongs unto war.
His twelve assistants shall be called Lieutenant Generals.

40th. In time of actual war, the Ccmstable while he is in the army,
shall be general of the army; and the six Counsellors, or such of them
as the Palatine's Court shall for that time or service appoint, shall be the
immediate great officers under him, and the Lieutenant Generals next to
them.

41st. The Admiral's Court, consisting of one of the Proprietors, and
iiis six Counsellors, called Consuls, sliall have tlie care and insjtection

COLONIAL KECOliDb. 195

i)\'er all ports, uiolcs, luid iiaxigable rivers so tiir as the tide Hows, and
also all the publie shipping of Carolina, and stores thereunto belonging,
and all maritime affairs. This court also shall have the power of the
court of admiralty ; and shall have power to constitute Judges in port
towns, to try eases belonging to law-merchant, as shall be most conven-
ient for trade. The twelve assistants belonging to this court, shall be
called proconsuls.

42d. In time of actual war, the ailmiral whilst lie is at sea, shall com-
mand in chief, and his six counsellors, or such of them as the Palatine's
Court shall for that time (.)r service appoint, shall be the immediate great
officers under him, and the proconsuls next to them.

43d. The treasurer's court, consisting of a proprietor and his six coun-
sellors, called under treasurers, shall take care of all matters that concern
the public revenue and treasury. The twelve assistants shall be called
Auditors.

44th. The high Steward's Court, consisting of a proprietor and his six
counsellors, called comptrollers, shall have the care of all tbreign and
domestic trade, manufactures, public buildings, work houses, highways,
passages by water above the flood of the tide, drains, servers, and banks
against inundations, bridges, posts, carriers, fairs, markets, corruption or
infection of the common air or water, and all things in order to the pub-
lic commerce and health ; also, setting out and surveying of lands ; and
also setting out and appointing places for towns to be built on, in the
precincts, and the prescribing and determining the figure and bigness of
the said towns according to such models as the said courts shall order ;
conti'ary or differing from which models, it shall not be lawful for any one
to build in any town. This court shall have power also to make any
public building, or any new highway, or enlarge any old highway upon
any man's land whatsoever ; as also to make cuts, channels, banks, locks
and bridges for making rivers navigable, tir for draining fens, or any
other public use. The damage the owner of such lands (on or through
which any such public things shall be made) shall receive thereby, shall
be valued, and satisfaction made, by such ways as the grand council shall
appoint. The twelve assistants belonging to this court shall be called
surveyors.

45th. The Chamberlain's Court, consisting of a Proprietor and six
Counsellors, called vice chamberlains, shall have the care of all cere-
monies, precedency, heraldry, reception of public messengers, pedigrees,
the registry of all births, l)urials and man-iages, legitimation, and all cases
concerning matrimony, or arising fr(im it, and shall also have jjower to

196 COLONIAL RECORDS.

regulate all Iksliions, habits, budges, gaaies and sports. To this Court it
shall also belong, to eonvocate the grand council. The twelve assistants
belonging to this Court, shall be called Provosts.

46th. All causes belonging to, or under the jurisdiction of any of the
Proprietor's Courts, shall in them respectively be tried, and ultimately
determined, without any further appeal.

47th. The Proprietor's Courts shall have a power to mitigate all fines,
and suspend all execution in criminal causes, either before or after sen-
tence, in any of the other inferior courts respectivelv.

48th. Tn all debates, hearings or trials in any of the Proprietor's
Courts, the twelve assistants belonging to the said courts respectively,
shall have liberty to be present, but shall not interpose unless their opin-
ions he recjuired, noi' have any vote at all; but their business shall be, by
the direction of the respective courts, to prepare such business as shall be
committed to them; as also to bear such offices, and dispatch such affairs,
either where the court is kept, or elsewhere, as the court shall think fit.

49th. In all tlie Proprietor's Courts, the Proprietor and any three of
his Counsellors shall make a (piorum ; provided always, that for the bet-
ter despatch of business, it shall be in the power of the Palatine's Court
to direct what sort of causes sliall l>e licard and detei-miiied bv a quorum
of any three.

50th. The grand council shall consist of the Palatine and seven Pro-
prietors, and the fortytwo Counsellors of the several Proprietor's Courts,
who shall have power to determine any controversy that may arise be-
tween any of the Proprietor's Courts, about their respective jurisdictions, or
between the memliers of the same court, about their manner and methods
of proceedings; to make peace and war, leagues, treaties, &c., with
any of the neighbour Indians ; to issue out their general orders to the
Constable's and Admiral's Courts, for the raising, disposing, or disband-
ing the forces, by land or by sea.

51 St. The grand council shall prejjare all matters to be proposed in
Parliament. Nor shall any mntter whatsoever, be proposed in Parlia-
ment, but what has first passed the grand council ; which after having
been read, three several days in the Parliament, shall l)y majority of
votes, be passed (jr rejected.

52d. The grand council sliall always be judges of all causes and ap-
peals that concern tiie Palatine, oi- any of the I^ords Proprietors, or anv
Counsellor of any Proprietor's Court, in any cause which should other-
wise have been tried in the court of which the said Counsellor is Judge
himself.

COLONIAL RECORDS. 197

53d. The grand council by their warrants to the Treasurer's Court,
shall dispose of all the money given by the Parliament, and by them
directed to any particular public use.

54th. The quorum of the grand council sliall be thirteen, whereof a
Proprietor or his deputy shall be always one.

55th. The grand council shall meet the first Tuesday in every mouth,
and as much oftener as either they shall think fit, or tliey shall l)ec()nvo-
eated by the Chamberlain's Court.

56th. The Palatine, or any of the Lords Proprietoi's, shall have power,
under hand and seal, to be registered in the grand couucil, to make
a deputy, who shall have the same powei- to all intents and purposes, as
he himself, who deputes him; except in confirming acts of Parliament as
in Sec. 76th, and except also in nominating and choosing Landgraves
and Casiques, as in Sec. 10th. All such deputations, shall cease and de-
termine at the end of four years, and at any time shall be revocable, at
the pleasure of the deputator.

57th. No deputy of any Proprietor shall have any power, whilst the
deputator is in any part of Carolina, except the Proprietor, whose deputy
he is, be a minor.

58th. During the minority of any Proprietor, his guardian shall have
power to constitute and appoint his deputy.

59th. The eldest of the Lords Proprietors who shall be pers(jnally in
Carolina, shall of course be the Palatine's de2>uty, and if no proprietor
be in Carolina, he shall choose his deputy out of the heirs apparent of
any of the Pro]>rietors, if any such be there ; and if there be no heir appa-
rent of any of the I^ords Proprietors, abo\'e one and twenty years old in
Carolina, then he shall choose for deputy, any one of the Landgraves of the
grand council; till he have by deputation under hand and seal chosen
any one of the fore-mentioned heirs apparent, or Landgraves, to be his
deputy, the eldest man of the Landgraves, and for want of a Landgrave,
the eldest man of the Casitjues, who shall be personally in Carolina,
shall of course be his deputy.

60th. Llach Proprietor's deputy, shall he always one of his six Coun-
sellors respectively; and in case any of the I'roprietors hath not, in his
absence out of Carolina, a deputy, commissioned under his hand and seal,
the eldest nobleman of his court, shall of course be his deputy.

()lst. in vvvvy c(junty, there shall be a court consisting of a sherifl',
and four Justices of the county, for every precinct, one. The Sheriff
shall be an inhabitant of the county, and have at least five hundred acres
freehold within the said county ; and the justices shall be inhabitants,

198 COLONIAL RECORDS.

aud have each of them five hundred acres apiece freehold within the pre-
cinct for which they serve respectively. These five shall be chosen from
time to time and commissioned, by the Palatine's court.

62d. For any personal causes exceeding the value of two hundred
pounds sterling, or in title of land, or in any criminal cause, either party
upon paying twenty pounds sterling to the Lords Proprietcjr's use, shall
have liberty of appeal from the Comity Court, unto tlie respective Pro-
prietor's Court.

63d. In every precinct there shall be a court consisting of a Steward,
and four Justices of the precinct, being inhabitants, and having three
hundred acres of freehold within the said precinct, who shall judge all
criminal crimes ; except for treason, murder, and any other olfenc&s pun-
ishable with death, aud except all criminal causes of the nobility ; and
shall judge also, all civil causes whatsoever; and in all personal actions
not exceeding fifty pounds sterling without appeal ; but where the cause
shall exceed that value, or concern a title of land, and in all criminal
causes; there either party upon paying five pounds sterling, to the Lords
Proprietor's use, shall have liberty of appeal to the county coui-t.

64th. No cause shall he twice tried in any one court, upon any i-eason
or pretence whatsoever.

65th. For treason, muriler, aud all other offences punishable with
death, there shall be a commission twice a year at least, granted unto one
or more members of the grand council, or colleges, who shall come as
itinerant Judges to the several counties, and with the Sheriff and four
Justices, shall hold assizes, to judge all sucli causes ; but upon paying of
fifty pounds sterling, to the Lords proprietors use, there shall be liberty
of appeal to the respective Proprietors court.

66th. The Grand Jury at the several assizes, shall upon their oaths
and under their hands and seals, deliver into their itinerant Judges, a
presentment of such grievances, misdemeanours, exigencies, or defects,
which they think necessary for the public good of the country ; which
presentments shall by the itinerant Judges, at the end of their circuit, be
delivered in to the grand council, at their next sitting. And whatsoever
therein concerns the execution of laws, already made, the several Pro-
prietor's courts, in the matters belonging to each of tliem ivspectively,
shall take cognisance of it, and give such ordei" about it, as shall be ef-
fectual for tlie due execution of the laws. But whatever concerns the
making of any new law, shall be referred to the several respective courts,
to which that matter belongs, and be by them prepared and brought to
the o-raud council.

COLONIAL RPXORDS.

67th. For terms, thore shall he ((uarterly, such a certain iiuinher (if
(lays, not exeeedinij; one and twenty at any one time, as the several re-
spective courts shall appoint. The time for the beginning of the term
in the Precinct court shall be the first Monday in Jannarv, April, Julv
and October, in the County court, the first Mondav in February, Mav,
Augastand November; and in the Proprietor's courts, the first Mondav
in March, June, September and December.

68tli. In the Precinct court, no man shall be a Jiu'vman, under iiftv
acres of freehold. In the County court, or at the assizes, no man shall
be a grand juryman, under three hundred aeres of freehold; and no man
shall be a petty juryman, under two hundred acres of freehold. In the
Proprietor's courts, no man shall be a juryman, under five hundred acres
of freehold.

69th. Every jury shall consist of twelve men ; and it shall not be
necessary they should all agree, but the verdict shall be according to the
consent of the majority.

70tli. It shall be a base and vile thing, to plead for money or reward ;
nor shall any one, (except he be a near kinsman, nor farther ott' than
cousin german to the party concerned) be permitted to plead another man's
cause, till befin-e the jndge, in open court, he hath taken an oatli that he
doth not plead for money or reward, nor hath, nor will receive, nor
directly, nor indirectly, bargained with the party whose cause he is going
to plead, for money, or any other reward for pleading his cause.

71st. There shall be a Parliament consisting of the Proprietors, or
their deputies, the Landgraves and Casiques, and one freeholder out of
every precinct, to be chosen by the freeholders of the said precinct re-
spectively. They shall sit all together in one room, and have, everv
member, one vote.

72d. No mau shall be ch(jsen a member of Parliament, who has less
than five hundred acres of freehold within the precinct for which he is
chosen, nor shall any have a vote in choosing the said mendx'r, that hath
less than fifty acres of freehold within the said precinct.

l'^(\. A new Parliajuent sliall be assembled the first Montlay of the
moiitli i>i' November, every second year, and shall meet and sit in the
town they last sat in, without any summons, unless bv the Palatine's
court they be sunnuoned to meet at any other place. And if there sliall
be any occasion of a parliament in these intervals, it shall l)e in the power
of the Palatine's court, to asseinl)le them in forty days' notice, and at such
time and place as the said court shall think fit; and the I'alatine's court
shall have jwwer to dissolve the sai<l Parliament, when they shall
think fit.

200 COLON I AT. RECORDS.

74th. At the opening of every Parliament, the first thing that shall be
done, shall be the reading of these Fundamental Constitutions, which the
Palatine and Proprietors, and the rest of the members then present, shall
subscribe. Nor shall any person whatsoever, sit or vote in the Parlia-
ment, till he hatli that session subscribed these Fundamental Constitu-
tions, in a book kept for that purpose, by the clerk of the parliament.

75th. In order to the due election of members, for the biennial Parli-
ament, it shall l)e lawful for the freeholders of the respective precincts to
meet tlie first Tuesday in Sejitember, every two years, in the same town
or place that they last met in, to choose ^iarliament men, and there choose
those members that are to sit the next November following ; unless the
steward of the precinct shall by sufficient notice, thirty days before, ap-
point some other place for their meeting in order to the election.

76th. No act or order of Parliament shall be of any force, unless it be
ratified in open parliament during the same session, by the Palatine or
his deputy, and three more of the Lords Proprietors or their deputies;
and then not to continue longer in force, but until the next biennial Par-
liament, unless in the meantime it be ratified under the hands and seals
of the Palatine himself, and three more of the Lords Proprietors, them-
selves, and by their order published at the next biennial Parliament.

77th. Any Proprietor or his deputy may enter his protestation against
any act of the Parliament, before the Palatine or his dejiuty's consent be
given as aforesaid; if he shall conceive the said act to be contrary to this
establishment, or any of these Fundamental Constitutions of the Govern-
ment. And in such case, afler fidl and free debate, the several estates
shall retire into four several chambers, the Palatine and Proprietors intft
one; the Landgraves into another; the Casiques into another; and those
chosen by the Precincts into a fourth; and if the major part of any of the
four estates shall vote that the law is not agreeable to this establishment,
and these Fundamental Constitutions of the Government, then it shall
pass no farther, but be as if it had never been proposed.

78th. The quorum of the Parliament shall be one half of those who
are members, and capable of sitting in the house, that present session of
Parliament. The quorum of each of the Chambers of Parliament, shall
be one half of the members of that chamber.

79th. To avoid multiplicity of laws, which by degrees always change
the right foundations of the original government, all acts of Parliament
whatsoever, in whatsoever form passed or enacted, shall at the end of a
hundred years afler their enacting, respectively cease, and determine of
themselves, and without any repeal, become null and void, as if no such
acts or laws had ever been made.

COLONIAL EECORDS. 201

80th. Since multiplicity of comments, as well as of laws, liave great
inconveniences, and serve only to obscui'e and perplex ; all manner of
comments and expositions, on any part of these Fundamental Constitu-
tions, or on any part of the common or statute hiAvs of Carolina, are
absolutely prohibited.

81st. There shall be a registry in every precinct, wherein shall be en-
rolled all deeds, leases, judgments, moiigages, and other conveyances,
which may concern any of the lands within the said precinct; and all such
conveyances, not so entei'ed and registered, shall not be of force against
any person or party to the said contract or conveyance.

82d. Xo man shall be Register of any precinct, Avho hath not at least
three hundred acres of freehold within the said precinct.

83d. The freeholders of every precinct shall nominate three men, out
of which three, the Chief Justice's Court shall choose and commission
one to be Register of the said precinct, whilst he shall well behave him-
self

84th. There shall be a Registry in every Signiory, Barony and Col-
ony, wherein shall be recorded all the births, marriages and deaths that
shall happen within the respective Signiories, Baronies and Colonies.

85th. No man shall be Register of a Colony that liath not above fifty
acres of freehold within the said colony.

8Gth. The time of every one's age, tliat is Ix.irn in Carolina, shall be
reckoned from the day that his birth is entered in the registry, and not
before.

87th. No marriage shall be lawful, whate^•el• contract and ceremony
they have used, till both the parties mutuall}' own it, before the Register of
the place where they were married, and he register it, with the names of
the father and m(.)ther of each party.

88th. No man shall administer to the goods, (jr have a right to them,
or enter upon the estate of any person deceased, till his death be regis-
tered in the respective registry.

89th. He that does not enter in the respective registry, the birth or
death of any person that is born, or dies, in his house or ground, shall
pay to the said Register one shilling per week for each such neglect,
reckoning from the time of eacli birth, or death respectively, to the time
of entering it in the register.

90th. In like manner, the births, marriages, and deaths of the Lords
Proprietors, Landgraves and Casiques, shall be registered in the Cham-
berlain's Court.

22

202 COLONIAL RECORDS.

91.st. There shall be in every colony, one Constable, to be chosen an-
nually by the freeholders of the colony. His estate sliall be above a
hundred acres of freehold within the said colony, and such subordinate
officers appointed for his assistance, as the county court shall find requi-
site, and shall be established by the said county court. The election of
the subordinate annual officers, shall be also in the freeholders of tlie
colony.

92d. All towns incorporate, shall be governed by a Mayor, twelve
Aldermen, and twentyfour of the common Council. The said common
council shall be chosen by the present householders of the said town ;
the Aldermen shall be chosen out of the common council, and the mayor
out of the aldermen, by the palatine's court.

93d. It being of great consequence to the plantation, that port towns
should be built and preserved ; therefore whosoever shall lade or unlade
any commodity at any other place but a port town, shall forfeit to the
Lords proprietors, for each tun, so laden or unladen, the sum of ten
pounds sterling; except only such goods as the palatine's court shall
license to be laden or unladen elsewhere.

94th. The first port town upon every river, shall be in a colony, and
be a port town forever.

9oth. No man shall be permitted to be a freeman of Carolina, or to
have any estate or habitation within it, that doth not acknowledge a God,
and that God is publicly and solemnly to be worshiped.

96th. (As the country comes to be sufficiently jilanted, and distributed
into fit divisions, it shall lielong to the parliament to take care for the
building of churches and the public maintenance of divines, to be em-
ployed in the exercise of religion, according to the church of England ;
which being the only true and orthodox, and the national religion of all
the king's dominions, is so also of Carolina, and therefore it alone shall
be allowed to receive public maintenance by grant of parliament.)

97th. But since the natives of that place, who will be concerned in our
plantation, are utterly strangers to Christianity, whose idolatry, ignorance
or mistake, gives us no right to expel oi' use them ill ; and those who remove
from other parts to plant there, will unavoidably be of different opinions,
concerning matters of religion, the liberty whereof tlu'v will expect to have
allowed tliem, and it will not be reasonable for us on this account to keep
them out; tliat civil peace may be obtained amidst diversity of opinions,
and our agreement and compact with all men, may l)e duly and faithfully
observed, the violation whereof, upon what pretence soever, cannot be
without great offence to Almighty God, and great scandal to the true re-

COLONIAL RECORDS. 203

ligion which we profess ; and also that Jews, Heathens and other dissent-
ers from the purity of the Christian religion, may not be scared and kept
at a distance from it, but by having an opportunity of acquainting them-
selves with the truth and reasonableness of its doctrines, and the peacea-
bleness and inoff'ensiveness of its professors, may by good usage and per-
suasion, and all those convincing methods of gentleness and meekness, suit-
able to the rules and design of the gospel, be won over to embrace, and
unfeignedly receive the truth ; therefore any seven or more persons agree-
ing in any religion, shall constitute a church or profession, to which they
shall give some name, to distinguish it from others.

98th. The terms of admittance and communion with any church or
profession shall be written in a book, and therein be subscribed by all the
members of the said church or profession ; which book shall be kept by
the public Register of the Precinct wherein they reside.

99th. The time of every one's subscription and admittance, shall be
dated in the said book or religious record.

100th. In the terms of communion of every church or profession,
these following shall be three, without which no agreement or assembly
of men, upon pretence of religion, shall be accounted a church or profes-
sion within these rules.

1st. "That there is a God."

2d. "That God is publickly to be worshipped."

3d. " That it is lawful and the duty of every man, being thereunto
called by those that govern, to bear witness to truth ; and that every
church or profession shall in their terms of communion, set down the
eternal way whereby they witness a truth as in the presence of God,
whether it be by laying hands on or kissing the bible, as in the church
of England, or by holding up the hand, or any other sensible way."

101st. No person above seventeen years of age, shall have any benefit
or protection of the law, or be capable of any place of profit or honor,
who is not a member of some church or profession, having his name
recorded in some one, and but one religious record, at once.

102d. No person of any other church or profession shall disturb or
molest any religious assembly.

103d. No person whatsoever, shall speak any thing in their religious
assembly irreverently or seditiously of the government or governors, or
of state matters.

104th. Any person subscribing the terras of communion, in the record
of the said church or profession, before the precinct register and any five
members of the said church or profession, shall be thereby made a mem-
ber of the said church or profession.

204 COLONIAL RECORDS.

105tli. Any person, striking his own name out of any religious record,
or his name being struck out by any officer tliereunto authorized by such
church or profession resjjectively, sliall cease to be a member of that church
or profession.

106th. No man shall use any rejiroachful, reviling, or abusive language
against any religion of any church or profession; that being the certain
way of disturbing the peace, and of hindering the conversion of any to
the truth, by engaging them in quarrels and animosities, to the hatred of
the professors and tliat profession which otherwise they might be brought
to assent to.

107th. Since charity ol)liges us to wish well to the souls of all men,
and religion ought to alter notliing in any man's civil estate or right, it
shall be lawful for slaves as well as others, to enter themselves and be of
what church or profession any of them shall think best, and thereof be
as fully members as any freeman. But yet no slave shall hereby be ex-
empted from that civil dominion his master hath over him, but be in all
things in the same state and condition he was in before.

108th. Assemblies ujjon Avhat pretence soever of religion, not observ-
ing and performing the above said rules, shall not be esteemed as churches,
but unlawful meetings, and be punished as other riots.

109th. No person whatsoever shall disturb, molest, or persecute another,
for his speculative opinions in religion, or his way of worship.

110th. Every freeman of Carolina, shall have absolute power and
authority over his negro slaves, of what opinion or religion soever.

111th. No cause, whether civil or criminal, of any freeman, sliall be
tried in any court of judicature, without a jury of his peers.

112th. No person whatever, shall hold or claim any land in Carolina,
by purchase or gift, or otherwise, from the natives or any other whatso-
ever; but merely from and under the Lords Proprietors, upon pain of
forfeiture of all his estate, moveable or immoveable, and perpetual ban-
ishment.

113th. Whosoever shall possess any freehold in Carolina, upon what
title or grant soever, shall at the farthest, from and after the year one
thousand six liundred and eighty nine, pay yearly unto the Lords Pro-
prietors, for each acre of land, English measure, as much fine silver as is
at this present time in one English penny, or the value thereof, to be as
a chief rent and acknowledgement to the I^ords Proprietors, their heirs
and successors forever. And it shall be lawful for the palatine's court,
by their officers, at any time, to take a new survey of any man's land,
not to oust him of an-s' j>art of his possession, but that by such a survey,

COLONIAL RECORDS. 205

the just number of acres he possesseth may be known, and the rent there-
on due, may be paid by him.

114th. All wrecks, mines, minerals, ipuirries of gems and precious
stones, with pearl fishing, whale fishing, and one half of all ambergris,
by whomst)ever found, shall wholly belong to the Lords Proprietors.

115th. All revenues and profits, belonging to the Lords Proprietors,
in common, shall be divided into ten parts, whereof the palatine shall
have three, and each proprietor one ; but if the palatine shall govern by
a deputy, the deputy shall have one of those three tenths, and the pala-
tine the other two tenths.

llGtli. All inhal:)itants and freemen of Carolina, above seventeen years
of age, and under sixty, shall Ijc lx)und to bear arms, and serve as sol-
diers whenever the grand council shall find it necessary.

117th. A true copy of these Fundamental constitutions shall be kept
in a great book, by the register of every precinct, to be subscribed before
the said register. Nor shall any person of what degree or condition so-
ever, above seventeen years old, have any estate or possession in Caro-
lina, or ]jrotection or benefit of the law there, who hath not, before a pre-
cinct register, subscribed tliese fundamental constitutions in this form :

" I, A. B., do promise to bear faith, and true allegiance, to our sov-
ereign Lord King Charles the second, his heirs and successors, and will
be true and faithful to the Palatine and Lords Proprietors of Carolina,
their heirs and successors; and with my utmost power, will defend them
and maintain the government, according to this establishment in these
fundamental Constitutions."

118th. Whatsoever alien shall in this form, before any precinct
Register, subscribe these fundamental constitutions, shall 'be thereby
naturalized. '

119th. In the same manner shall every person, at his admittance into
any office, subscribe these fundamental constitutions.

120th. These fundamental constitutions, in number a hundred and
twenty, and every part thereof, shall be and remain, the sacred and unal-
terable form and rule of government of Carolina for-ever. Witness our
hands and seals the first day of March, 1669.

RULES OF PRECEDENCY.

1st. The Ijords Proprietors; the eldest in age first, and so in order.
2d. The eldest sons of the Lords Proprietors ; the eldest in age first,
and so in order. ,

206 COLONIAL RECORDS.

3d. The Landgraves of the grand council, he that hath been longest of
the grand council first, and so in order.

4th. The Casiques of the grand council ; he that hath been longest of
the grand council first, and so in order.

5th. The seven Commoners of the grand council, that have been long-
est of the grand council ; he that hath been longest of the grand council
fii'st, and so in order.

6th. The younger sons of the Proprietors; the eldest first, and so in
order.

7th. The Landgraves ; the eldest in age first, and so in order.

8th. The seven Commoners, who next to those before mentioned have
been longest of the grand council; he that hath been longest of the grand
council first, and so in order.

9th. The Casiques ; the eldest in age first, and so in order.

10th. Tlie seven remaining Commoners of the grand council ; he that
hath been longest of the grand council first, and so in order.

11th. The male line of the Proprietors.

The rest shall be determined bv the Chamberlain's Court.

[B. P. E. O. Shaftesbury Papers. Bdle 48. No. 34.]

F. O'SULLIVAN TO L" ASHLEY. 10'" SEPT^ 1670.

Right hono"*

I writt a ^ticuler Account oi' all things to yo"' lordsp by the Carolina
by the way of Virginie I am doubtfull whether or noe they are come to
yo'' hands, for feare of w"" I have now made bold to trouble yo"" bono'' w""
these lynes y' you may understand in w' condicon we are in

The cnntry proves good beyond expectacon aboundin in all things,
as good Oake Ash Deare turkies partridges rabbitts turtle and fish, the
land produceth anything that is putt into itt, for we have tryed itt w'"
Corne Cotton and tobacco and other provisions w""" proves very well the
lateness of the season considered, the Cnntry is stored w"* severall pleasant
fruits, as peaches strawberry es and other sorts, wee are setled att Haaway
nere 20 leagues to the Norward of port Royall itt not prouveinge Accord-

COLONIAL RECORDS. 207

inge to report, \ve build our towne upou a poiute of land called Albemarle
pointe .seated upon the River y' leades in from the sea called by u,s Ashley
River where we are afortifieing ourselves. I have made generall dis-
coveries into the Cuntry and lind itt very good and many pleasant Riv-
ers. I cannot give a better Ciiracter of itt then itt deserves. We hum-
bly thanke yo"" bono" y' care in orderinge us provissions att virginie the
shipp returned to us in good tyme for all our provissions was gone soe
y' wee were forst to live upon the Indeans who are veiy kinde to us, we
hope yo' bono"' will continew yo' care over us till we are in a condicon to
helpe ourselves, our ship is now up on her de2:)arture for Barbadoes, from
whence we expect more people and fresh supplies. Wee expect from yo''
bono" a shipp from England w*'' more people, you wold doe well to grant
free passage to passengers for some small tyme for many would be will-
ing to come y' are not able to pay their passage, pray send us a minister
quallified according to the Church of England and an able Councellor to
end controversies amongst us, and putt us into the right way of the man-

agemen' of yo'' Coll we hope now the worst is past if you please to

stand l)y us you please to send yo'' instructions that the land may be laid
out to the people as itt lyes y' the badd and good may goe together and
by y* meanes the people will not inhabit att a distance and itt will prove
more benticiall to yo" liono"

In my last I informed yo'' bono'' y' the sloope we took w"' us from
Barbadoes looseing us att sea fell into one of the spannish beys called
Sancta Katherina where the master and mate M"^ Rivers w"" severall
others goeinge ashore was taken l)y the Spanyai'ds and sent prisoners to
S' Augustens where they still remane and wold have intercepted the
sloope but she escaped, we sent letters one to the Fryer where they were
taken the other to the Governo"^ of S* Augustens to demand them but
they denied us and gott two more of our men they offered them noe In-
jurie but intended to wood and water and soe depart pray yo'' bono'' to
take some care for the reliefe our men.

I question not but that you are senceable tiuit .T((hn Yeomans left us
att Barmudoes where we tt)oke one Coll sayle for our (iovern'' I pro-
cured ther 20£ Creditt in provissions which assisted the people very
much, I made bold to ciiarge itt upon y'' bono'' to be paid to Cap: Jo:
Dorrall there or his Order I am son'v to give y"" lordsp an Acount of the
loss of the port Royall upon tlie Boliama Islands all being lost I:)ut the

208 COLONIAL EECORDS.

master and two or three more soe beggin yo'' hono" Excuse I humbly
desire yo'' Answer \v°^ will be very Acceptable to

Yo' faith full servant

FLOR : O SULLIVAN

Albemarle point
Sep: y^ 10. 1670.

(Endorsed)
O. SULLIVANT

to
L^ ASHLEY

10 Sept. 70

[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 33.]

H. WOODARD TO SIR JOHN YEAMANS. 10 SEPT. 1670.

Albymari.e Pointe in Chyanhaw Sept. 10. 1670.

R' Hon'"^ S-^

1 could not soe well have pleaded my excuse & tardinesse in not given
v' Hon'' a particular relation by y*" way of Virginia, & Barmudoes of our
proceedings, t^- transactions, since y'' Hon'" departure for y' Barbadoes tt
our settinge forward for y* Maiiie It being my fortune to bee gone uppon
v^ discovery of Chufytachygs y' fruitfull Provence where y* Empei-' re-
sides, in v' same juncture of time, when y^ s** Vessells set sayle from our
Port of Chyanhaw whereuppon at my returne from Chuf)i;achygs I
understood v' INP Jones had satisfied y'' Hon"' in those particulars as for
mv aforesaid joui'nie I have discovered a Country soe delitious, pleasant
and fruitfull, v' were it cultivated 'doubtless it would prove a second
Paradize It lyes West & by Northe neerest from us. 14 days travell
after y' Indian manner of marchinge. I there contracted a leauge w"'
V* Emp"^ et all th<;)se Petty Cassekas bet^\■ixt us & them soe y' some few
weeks after niNM'eturne y* Carolina being longe in her dispatch from Vir-
ginia our Provision fades us & had not myne w'*' M' Jones diligence w""
some few others releved y' Gen" wants by \vhat Provisions wee procured
of the natives it had gone very hard w"" us in which scursec}i:ie of Pro-
vision wee receeved an Allarum from y' South^-ard by y' Indians of S'
Helens y'' Spanish Vessells & 30 Perryangors of Spaniards & Indians
intendinge to worke us what mischiefe they could (and as I conceive they
haveing intelligence of our expectations of a Supply in the Carolina)

COLONIAL RECORDS. 209

awaited at Sea to trapane our Shipp y' soe depriving us of our Supply
and blockin us up our necessitys increasing wee consequently must have
surrendered: for w"' intent ther Perryangors lay 10 leagues distance from
us at the mouth of Stonowe River & there shii)ps of at Sea. Yet it
pleased God your Ship arrived safe to us w"' a mast, convenient Supply
ye Enimy not being removed, & yet being sensible thereof, theire Indians
being terrified at y^ scaleing of some of our Great Guns And y* Spaniard
as wee sujjpose being frustrated of his expectation of starveing us, cow-
ardly retreated to S' Augustines never attempting any thinge against us
soe y' at pr" we have noe other news but y' he hath threatened to destroy
y* Indians of S' Helens of Curabohee & of Edistare y' are our freinds.

Thus as to the estate of our Gen" aifaires As to our familv necessity I
suppose M"" Jones hath made y'" hon'' fully acquainted as to my particularre
wants I am more beholden to )'' Hon"" Agent here then any thinge from
y^ Publicke, although I must confesse they have made hon*"'" recomenda-
tions of mee in there Gen" letters. I shall endeavour by y^ next to send
y"" lion"" some of our American raritys our troubles at pres' not permit-
tinge mee y* vacancy as to travel y" Country. It being most of my
business to await in towne & to give an account of what relations the na-
tives bring us either from y' Southward or y" Northward soe y' least I
might seeme to prolixe I rest my respective service presented to y"^
Hon' not forgetting my respects to M'"" Mavel Carter & the rest of y''
Hon*"'^ family & relations

I rest y'' Hon'" most obliged servant

HENRY WOODWARD.

To y" Right Honorable Sir Jno Yeomans Knt Baron'

Barbadoes

1671.

[B. P. R. O. Shaftesbury Papers. Section IX. Hole 48. No. 55. p. 94.]

LORD ASHLEY TO SIR JOHN YEA MANS 18 SEPTEM-
BER 167L

S'

I am very glad to hear that you arc at Carolina, wee shall expect good
successe to our new settlement w" it shall be countenanced & conducted by
so judiciouse & worthy a person We have therefore sent you a Commis-
23

210 COLONIAL RECORDS.

sion for Governor & do rely upon you that you will be both industriouse
and firme to U8 in y^ settling y'^ Government wee have established * * *
S"" I desire to heare as often as you can from you as being very much re-
solved to be S''

y verv affection** F"* & Servant

ASHLEY
London 7ber 18*" 71.

[B. P. R. O. Shaftesbury Papers. Section IX. Bdle 48. No. 55. p. 100.]

LORD ASHLEY TO SIR JOHN YEAMANS 15 DECEM-
BER 1671.

S' Exeter House 15 Dec 71

I hope err this yt)u have received y" Commission wee sent you to bee
Governor by y* way of Bermudos & that you will in pursuance of our
Constitucons & Instruccons endeavour to acc(jmodate things there to y°
advantage & settlement of y° Plantacon, one maine point whereof is y°
setling downe togeather in Townes. We have in favor of y* first Plan-
ters altered our ininde about ye" Port Towne on y" River Ashley as you
will finde by our generall letter * * * I looke upon you as my friend &
therefore expect you should beare plaine dealing from me in private w"" is
this that though wee had resolved to make you Governor yett you were
making y"" selfe by y" people a little too quicke I begge that you would
trust me when I assure you y' a man of y"' abilitys doth not need nor will
finde any other way successfull but y' direct one of serving us & endeav-
ouring y* good of y^ Plantacon

I am glad to heare soe many considerable men come from y* Barbados
for wee finde by deare experience y' noe other are able to make a Plan-
tacon but such as are in condition to stock & furnish themselves y" rest
.serve only to fill up numbers & live upon us <& therefor now we have a
competent number untill we are better stocked with provisions I am not
very fond of more company unless they be substantiall men. * * *
I am S"^ Your very humble Serv'

ASHLEY.
15 Dec. 71.

COLONIAL RECORDS. 211

[B. P. R. O. Shaftesbury Papers. Section IX. Bundle. 48. No. 55. p. 105.]

LORD ASHLEY TO JOSEPH WEST 16 DECEMBER 1671.

Exeter House 16 Dec 71
M^' West

Yo" letters I have received and am abundantly satislyed in all that I
doubted of before vv"'' I had not done had you sooner given us an account
of y' management of our affaires there Wherein I tinde you have been a
very honest man to us.

You ought not to be dissatistyed to finde another man made Governor
it was noe personall dislike or disrespect of you that occasioned it but the
nature of our Governm' w'*' required that a Landgrave should be pre-
ferr'd to any Commoner soe tliat any body else as well as you must have
given place to Sir John Yeamans but as our opinion of your discretion
vigilancy & fidelity is not hereby at all lessened soe I am confident nei-
ther will y^ care and concernm' for our publique or j^rivate affairs there
slacken in y' least I look upon you as one who doc in earnest minde y*
interest & prosperity of oui- Settlem' wherein you will be sure to meete
w"' my kindnesse & such encouragem'* from mee as will assui-e you y'
1 am

Your very affectionate F**

ASHLEY

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 77.]

COMMISSION FOR SURVEYOR GENERAL 30 DEC. 1671.

Lord John Berkeley Palatin of Carolina and the rest of tlie Lords
Proprietors of Carolina.
To our Trusty and welbeloved John Culpejjer gent : {greeting

Be it knowne unto all men that we the Lords and absolute Proprietors
of Carolina for divers good causes & consideracons, but moi-e especially
out of the trust & confidence reposed in the said John Culpeper for the
faithfull and skilfull management of the Office of Survevor Gen-
erall of all that territory or part of our Province of Carolina which Ives
to the Southward and Westward of Cape Carteret witii full power and

212 COLONIAf. RECORDS.

authurity to avt uiul tlue all those things, which hy our FuiKlauiental
Constitutions Temporary laws, or Instructions, our Surveyor generall
niav or ought to doe. In witness whereof we have hereunto set our
haud^ and seals this 30 Day of Dec: 1071.

CRAVEN

ASHLEY

G. CARTERET

P. COLLETON

1672.

[B. P. R. O. Shaftesbury Papers. Section IX. Bdle. 48. No. 89.]

EARL OF SHAFTESBURY TO SIR JOHN YEAMANS
20 JUNE 1672.

ExET'- House 20'" June 1672.

By the last ace' that came hither from Carolina, I find y' you were not
received there with such (iener" Satisfaction nor so lorwardly admitted
to the Governm' we intended yi^u, as perhaps \\'as Imagined. I am
sorry to find any Differences at all among you, the Causes whereof I
shall not inquire into. But shall advise you as my friend not to make
use of the Governm' we have put into y"" Hands, to Revenge yourself on
any who have spoke theire apprehentions w"' that ffreedom, which must
be allowd, men in a Country wherein they are not designed to be op-
press'd and where they may Justly expect equall Justice & protection.

I have too great a value for your condition and Ability not to desire
continuance of a right understanding between us ; and therefin'e I must
take the Liberty, to dealc fi'rcely w"" you in a Matter wherein we are both
concerned, and tell you jilainly that I cannot avoid thinking that the
Suspitions of those men who have express'd some feare of y'' Managem'
of y* Government, had some ground; Since your too forward Grasping
at the Governm' when you came fir.st thither, and your endeavours since
to diminish the Autliority of o" jiai'ticular Deputys who are our repre-
sentatives and invested thcrt', with all our Power, hatii given us even at this
distance some umbrage, 'Tis in youi- j)ower to sett all right, I Know
you have Dexterity enough to do it. You are now upon foundaticms of
a larger extent then are usual!, and perhaps then in other places you have

COLONIAL KECOiiDtS. 213

met with, and if you will l)ut rtuitc tlic Mannaj'-eui'' of your Gouveruni'
to them, and Direct it ^^^loly to the impartial! prosperity of the Wlxile
Plantation and all the Planters in it, yon will remove the jealousies
MJiich I must tell you some of the i'lantatiou have conceived of you, you
will oblige the L**' Propriet'' and reap all those advantages which are sure
to attend him who is the greatest and most considerai)le man in a thriv-
ing Plantation, and who iiath contrihuted much to the aclvancem' thereof.

For my own part, I assure you tliat having set my mind on carrying
on this Plantation and engaged my word that the people shall live safe
there under the Protection of a faire and equall Govermn' upon Confi-
dence whereof most of the Planters have come thither. 1 shall think
myself extreemly injured hy any one who shall put such an affront on
me, as to make those who trusted me, be deceived, and I am resolved at
any rate rigourously to require Satisfaction of any one who by any un-
due proceedings shall discompose the (juiet of this Settlement. On the
other side I shall be as ready to acknowledge to any one whatever kind-
ness they shall doe or assistance they shall give to this plantation. I the
more frankly make this declaration to yon S" John because yon have
already contributed much, and are like to doe more to the growth, and
increase of this Plate" where you have a considerable and growing inter-
est, which ought to make you ha\'e y' same concernm' for it that I have.

I return you my thanks for the fforward inclination you have shewne
to Carolina, and tell you jiiore over that you have it in your hand by
endeavouring the Publick good of it to make me your friend as much
and as long as you please, I am

Your verv affectionate Friend

SHAFFTESBURY.
To S"" John Yeamans.

[B. P. R. O. Shaftesbury Papers. Section IX. Bundle 48. p. 112.]

EAPvL OF SHAFTESBURY TO JOS. WEST & THE REST
OF THE (X)UXCIL 20 JUNE 1(572

«

To ]\P West & y" rest of y' Conncell

EXETKR Hoi'SE TFII.S 20"' Juuc 1672

Yo'' late mannagement of y" affaires of y" Plantation have binn w"' soe

much prudence that T cannot but returne you my ])articuler thanks & tell

yo" that whilst vo" continue to be careful of y" common good of y" place

w'''' is vo'' owne interest vo" shall alwaves have me readv to countenance

214 COLONIAL RECORDS.

& assist yo" in it & to study y* good of those men who shall endeavour
to signalize themselves that way. To keep to y^ rules of o' establishment
it hath biun necessary for us to take y^ government out of M"' West's
hands in w"'' it hath thriven very well to put it into that only Landgraves
w"** is upon the place But I am very sorry to Unde that S' John Yea-
mans is not a man soe acceptable to y*" whole plantation as I could wish
I know how hard it is for jealousys to be removed & factions united
when once begunn though amongst men (as it often happens) otherwise
discreet & worthy. That therefore this may not prejudice the affaires of
c/ plantation & the animositys that may arise from hence disturb the quiet
v,'"^ is necessary to an infant settlem' Wee shall endeavour to finde out as
soone as we cann a man to be Governo' who besides other qualifications
fit for that employment may alsoe have tliis necessary one of being indif-
ferent to y' whole plantation disinterrested from all divisions in it & a
man not suspected or disgusted by any of tlie Planters. This though I
have a very great respect for S"' John & noe other exception to him I see
will be unavoidable for us to doe to preserve that unity & good under-
standing in y'^ Plantation tliat is necessary In y" meane time I recom-
end it to yo'' care (wliose prudence & integrity Me already have had expe-
rience of) to keepe unbiassed to those rules yo" will finde in o"' funda-
mentall Constitutions Temporary Laws & instructions & perticulerly o'
Deputyes are to remember that they represent o"' persons & therefore they
ought not to deminish o'' right by makeing themselves but cyphers & sub-
mitting too mucii to y*^ will of any Governo"' nay of 8'' Peter Colleton
himselfe or any of y"^ Lds. Proprief' should come upon y" place o'' depu-
tys ought to maintaine o' authority & share in y^ government according
to y" fundamentall Constitucons w"'' wee have to that purpose put into
their hands Haveing binn soe carefull to balance one anoth" power to
prevent y'^ ingroseing it into any one hand that y^ Palatine himselfe &
soe liis Deputy y^ Governo"' hath but his limitted proportion of it suited
to y^ dispatch of affixires beyound w"*" we never intended nor are o"" Dep-
utys to sufler it to extend This I am sure whilst yo" keep to those rules
we have established the Plantation will thrive & every one in it if it be
not his owne faidte be in a prosperous & safe condition. I recommend
therefore yo'' owne good & interest to yo' owne care wherein I am sure to
stand by yo" I very much applaud yo"' faire dealing w"* us in respect of
o' stores & debt Tliis regard to o'' concernments will encourage us to
take all manner of care of yo" I thiidvc myselfc particulerly obliged by
it At am

Yo'' very affectionate friend

SHAFTESBURY

COLONIAL RECORDS. 215

EXTRACTS FROM THE JOURNAL OF WILLIAM
EDMUNDSON UNDER THE YEARS 1671-72.

[Keprinted feom the Friends' Library, Vol. II, p. 111.]

"Afterwards, it being upon me, I travelled to Carolina, and two
Friends accompanied me, it being all wilderness and no English inhabi-
tants or path-ways, but some marked trees to guide people. The first
day's journey we did pretty well, and lay that night in the woods, as we
often used to do in those parts. The next day being wet weather we
were sorely foiled in swamps and rivers, and one of the two who were
with me for a guide, was at a stand to know which way the place lay we
were to go to. I perceiving that he was at a loss, turned my mind to
the Lord, and as he led me, I led the way. So we travelled in many
difficulties until about sun-set ; then they told me they could travel no
farther; for they both fainted, being weak-.spirited men. I bid them
stay there, and kindle a fire, and I would ride a little farther, for I saw
a bright horizon appear through the woods, which travellers take as a
mark of some plantation. I rode on to it, and found it was only tall
timber trees without underM-ood. But I perceived a small path, which
I followed until it was very dark, and rained violently ; then I alighted
and set my back to a tree, until the rain aliated. It being dark, and the
woods thick, I walked all night between two trees; and though very
weai'v, I durst not lie do\\'n on the ground, for my clothes were wet to
my skin. I had eaten little or nothing that day, neither had I anything
to refre.sh me but the Lord. In the morning I returned to seek my two
companions, and found them lying by a great fire of wood. I told them
how I had fared; and he that should have been the guide, would have
})ersuaded n\e that we were gone ]iast the place where we intended ; but
my mind drew to the path wiiich I had found the night before. So I
led the way, and that path brought us to the ])lace where wc intended, viz :
Henry Phillip's house by All)emarle river.

" He and his wife had l)een convinced of the truth in New J]ngland, and
came here to live; antl nt)t having seen a Friend for seven years before,
they wept for joy to see us. It being on a first-day morning when
we got there, although I was weaiy and faint and my clothes wet, I
desired them to send to the people thereaway to come to a meeting about
the middle of the day, and I would lie down upon a bed, and if I slept

216 COLONIAL RECORDS.

too long, that they shinild awake me. Now about tlie hour ai)i)(iinte(l
many people eame, but they had little or no religion, for they came and
.sat down in the meeting smoking tiieir pipes. In a little time the Lord's
testimony arose in the authority of His power, and their hearts being
reached by it, several of them were tendered and received the testimony.
After meeting they desired me to stay with them, and let them have more
meetings.

"One Tems, a justice of the peace, and his wife were at the meeting,
who received the truth with gladness, and desired to have the next meet-
ing at their house, about three miles off, on the other side of the water;
so we had a meeting there the next day, and a blessed time it was; for
several were tendered \\'ith a sense of the power of God, received the
truth and abode in it.

"1672. I could stay no longer with them at that time, for ] had ap-
pointed a man's meeting in Virginia, to be on the fifth-day of that week;
things being much out of order among them. I therefore took my leave
of them in the love of God, and began my journey on third-day morn-
ing, with my two fellow travellers."

EXTRACT FROM THE JOURNAL (JF GEORGE FOX FOR
THE YEAR 1672.

[Repriktkp from Pa(;ks 458 and 459 of the Edition Fubijsitep at F'riends'
Book Store, Philadelphia.]

"After tills, [cightli day of the ninth mouth] oiu' way to Carolina grew
worse, being much of it ])!ashy, -mm] pretty full of great bogs and
swamps; so that we were commonly wet to the knees, and lay abroad
a-nigiits in the woods by a tire: saving one of the nights we got to a
poor lion.se at Sommertown, and lay by the tire. The woman of the
house had a seu.scof (tocI upon liei'. The rejxirt (tf our travel had reac-hed
thither, and drawn some that lived beyond Sommertown to that house,
in expectation to have seen and heard us; l)ut they mis-sed us.

"Next day, the twenty-first of the ninth month, having travelled hard
through the woods and over many bogs and swamps, we reached Bon-
ner's Creek; there we lay that night by tlie tire-side, the woman lending
us a mat to lie on.

" This was the first hou.se we came to in Carolina : here we left oiu-
horses, over-wearied with travel. From hence we went down the creek

COLONIAL RECORDS. 21'

in a cjuiot' to Macocoinoeock River, and caiiie to Hugii Smith's, where
people of other professions eanie to see us (no Friends inhabiting- that
part of the oonntry) and many of them received us gladly. Among
others came Nathaniel Batts, who had been governor of Roan-oak. He
went by the name of ca])tain Batts, and had been a rude, (les])erate man.
He asked me about a wonian in Cuml)erlan(l, who, he said, he was told,
had been healed by our [)rayers and laying on of hands, after she had
been long sick, and given over by the physicians: he desired to know
the certainty of it. I told him, we did not glory in such things, but
many such things had been done l)v the power of ("iirist.

" Not far from hence we had a meeting among the peo])le, and they were
taken with the truth; blessed be the Lord! Then passing down the
river Maratick in canoe, we went down the bay Counie-o:dv, to a cap-
tain's, who was loving to us, and lent ns his boat, for we were much
wetted in the canoe, the water flashing in upon us. \\'ith this boat we
went to the governor's ; but the water in some places was so shallow,
that the boat, being loaden, could not swim; so that we put off our shoes
and stockings, and waded through the watei- a pretty way. The gov-
ernor, with his wife, received ns lovingly; but a doctor there would
needs dispute with ns. And truly his opposing n.s was of good service,
giving occasion to the opening of man\ tilings to th<' jieople concerning
the Light and Spirit of God, whicli lie denied to be in every one; and
affirmed it was not in the Indians. W lierenjion I called an Lidian to
us, and asked him, ' \\'hethei- or no, when he did lie, oi' do wrong to any
one, there was not something in him, that did repro\-e him tor it?' He
said 'There was such a thing in him that did so I'cpi-ove iiim ; and he
was ashamed when he had done wrong, oi' spoken wrong.' So we shamed
the doctor before the governor and people; insomuch that the poor man
ran out so far that at length he woidd not own the Scriptures. We tar-
ried at the governor's that night ; and next morning he very courteously
walked with us himself about two miles through the woods, to a place
whither he had sent our boat about to meet us. Taking leave of him,
we entered our boat, and went al)out thirty miles to Joseph Scot's, one
of the representatives of the country. There we liad a sound, ])recious
meeting; the people were teiidei', and nuuji desired after meetings.
Wherefore at a house aU>ut four miles I'nrther, we had another meeting;
to which the governor's secretary came, who was chief secretary of the
province, and had lieen formerly convinced.

"I went from this place among the Indians, and spoke to them by an
interpreter, shewing them, 'That God made all things in six days, and
24

218 COLONIAL RECORDS.

made but one woman for one man ; and that God did drown the old worhl
beeau.'^e of their wiekedness. Afterwards I spoke to tliem concerning
Christ, shewing tliem, tliat he died for all men, for their sins, as well as
for others ; and liad eidightened them as well as others; and that if they
did that which was evil he wonld burn them ; but if they did well they
should not be burned.' There was among them their young king and
others of tljeir chief men, who seemed to receive kindly what I said to
them.

" Having visited the north part of Carolina, and made a little entrance
for the truth among the people there, we began to return again towai*ds
Virginia, having several meetings in our ^\'ay, wherein we had good ser-
vice for the Lord, the people being generally tender and o]ien ; blessed
be the Lord ! We lay one night at the secretary's, to which we had much
ado to get ; for the water being shallow, we coidd not bring our boat to
shore. But the secretary's wife, seeing our strait, came herself in a canoe,
her husband being from home, and brought us to land. By next morn-
ing our boat was sunk, and full of water; but we got her up, mended
her, and went away in her that day about twenty-four miles, the water
being rough, and the winds high : but the great power of God was seen,
in carrying us safe in that rotten boat. In our return we had a very pre-
cious meeting at Hugh Smith's; praised be the Lord forever! The peo-
ple were very tender, and very good service we had amongst them. There
was at this meeting an Indian captain, who was very loving; and ac-
knowledged it to be truth that was spoken. There was also one of the
Indian priests, whom they call Pauwa\\-, who sat soberly among the peo-
ple. The ninth of the tenth month we got back to Bonner's Creek,
where we had left our horses ; having spent about eighteen days in north
of Carolina."

1673.

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 92.]

ALBEMARLE. ACTS OF F SENT INCLOSED IN A
LETTER OF NOV. 10. '73.

Act the first to prevent intruding into just claimes of land.
To prevent any prejudice wliicli may accrue to the Inhabitants oi' this
County by the incroachiupe into the lands which other men have rights

COLONIAL RECORDS. 219

to hold the .saiiie by as sooiie as oonveiiieiu-y iimy serve to survey and
patent the stime a<'cording- to the Lords instruetions, Be it therefore en-
acted by the PaUatine and the rest of tiie Lords Proprietors to and with
the advice and consent of the Grand Asseni!)ly that every inhabitant of
this County shall be allowed the priviledge tv have the tii-st survey of the
land he liveth on and layeth claime to adjoyninge to liini having rights
to lay upon it sufficient to hold the same and the first Seater to have the
priviledge of the first survey Provided he claime no more then he can
make rights appeare fore Nor exceed their first knowne claime where
with consent (for neighbourhood or otherwise) any People have seated
downe together.

Act 2""^ For encouragement of Owners of Vessels livinge in the
Count}'

Foi' encouragement of Owners of A'essells who are Inhabitants and
traders in the County of Albemarle Be it Enacted by the Pallatine and
the rest of the I^ords Proprietors by and with the advice and consent of
the Grand Assembly. That all Persons whatsoever livinge in this County
havelnge Vessells tradeinge to and from tlu' same shall pay but fifty
pounds of tobacco for enteringe and clearinge such Vessells of what
burthen soever if decked at eacli turnc he shall so enter and cleare. But
those who trade in open boats of what content soever to pay nothinge
but the certifieinge the authority of the place of their comeinge and
goeinge

Act the 3"^ To repeale a former Act

Whereas the fifty fourth Act made by the Assembly Aprill the eigh-
teenth 1672 prohibitinge rum to be sold at above twenty five pounds of
Tobacco "^ gallon may prove prejuditiall to the Inhabitants of this
County by retardeinge Merchants & dealers who with that commodities
& others more benefitiall for the counties use may be hindi'ed & diverted
from bringeinge the more benefitiall commodities because they are ])ro-
liibited of makeinge their jirofit of their Rum aforsaid Be it therefore En-
acted by the Pallatine & the rest of the Lords Prop'" by and with the
advice & consent of y' Grand Assembly That the said fifty foui'th Act
(concerneinge rum) be henceforth repealled Xull t% void.

Act the fourth Concerninge Wild Cattle

For prevention of uninterested persons in iiunting & killing wild or
fiutlyinge Cattle on any neck of land within this C\)unty Be it therefore
Enacted l)y the Pallatine and the rest of the Lords Pro])r'' by it with

220 COLONIAL RECORDS.

tlie advice & consent of the Grande Assembly That no person or persons
whatsoever who can lay noe just clainie to any wild <jr outlyinge cattle
on any neck of land in this County shall have any priviledge to hunt
range for or kill any wild or (tutlyingc cattle on such land, nnlesse ini-
powered hy such who have And l)c it further Enacted l)y the authority
aforesaid, That it may and shall he lawfull for any person w'hatsoever to
liunt for & kill wild t)r outlyinge Cattle on any neck of land where he
hath such wild or outlyinge Cattle Provided he kill no more then he can
probably lay clainie to, on such hind and iiaveinge killed such propor-
tion as he hath probal)ly made appeare to belonge to him, then such per-
son to desist And ibr the better knowledge of every man's particular
clainie to sucii cattle It is further thought convenient That all those
who claime any Title to wild Cattle on any Neck appoynt a meetinge
amonge themselves to declare <t with all probabilitie possible make ap-
peare to each other the cpiantitie they have out which beinge agreed on
amongst themselves each interested person to kill giveinge an account
justly what he killeth to the rest wiio have interest.

1674.

[B. P. R. O. Colonial Entry Book. Vol. 20. p. 93.]

Whitehall 18"" May 1674.
Wee have herewith sent a Patent to M' West to be Landgrave and a
Coraission to be Governor who hath all along by his care, fidellity and
prudence in the management of our affaires, to our generall satisfaction
recommended himself to us as the fittest man there for this trust. This
we cannot forl)are plainely to say though wee have a great Regard to
Sir John Yeanians as a considerable man that hath come and .setled
amongst us M'hen M' West had formerly the management of afaires,
things were then puting into such a posture (as appears by the Act of
l^arliament made att the latter end of his Government which we here-
with send vou coutirmed) That wee had some encouragement to send
suplies to men who took into their consideration how wee might be reim-
l)ursed as well as thev could which was all wee expected but immediately
with Sir Johns asumeing the Government the face of things alltered the first
newes was of several 1 ])roposalls for the intTeaseing our charge, the same .still
hath ever .since continued on, and in your verry last Despatches a Scheme

COLONIAL RECORDS. 221

sent to us of waves of suplyiiii>' youe wliicli woukl presently require tlie
(lisl)nrsenient of severnll thousand pounds and all this without the least
mention of any thought how wee niio-ht he rejiaid either our past debts
which allready amounts to scverall thousand pounds or lie hetter an-
swered for the future, lint instead thereof complaints made and re-
proaches insiiuiated as if wee had dealt ill and unjustly M'ith you, be-
cause wet' would not continue to i'vvt\ and cloath you on w itliout ex])ecta-
tion or demand of any Retin'us this wee must let you know put a stop to
your snpplys more than the I^utch Wan-, for wee thought it time to give
of a charge which was like to have no end and the Country was not
worth the haveing at that rate, for itt must be a bad sovle that would
not mainetaine industrious peojde or we must be verry silly that would
mainetaine the idle but wee have no suspition att all of the barrennesse
or any other ill qualities of the Country which some of us are see well
assured of that at theire own private charge they are going to setle a plan-
tation at Edistow without expecting a tarthing assistanoe from us. That
Sir John Yeamans management hath brought things to this pass wee are
well Satisfied which yett wee cannot charge upon his mistake, the Charac-
ter which wee have received of him and his long acquaintance with Bar-
bados and the world gives us (3iu' thoughts of him and perhaps it would very
well have Secured his purpose if wee had Snpplyed you and he reaped the
profits of your laboin- att his own Rates and our own plantation See ordered
that in Reputation people and Improvement itt might arive att noe other
pitch then to be Subservient in "^visions and Timl/ t(j the Interest of
Barbados. Consider at which Rates Sir John Ijought our poore planters
provitions in theire necessity and how industrious and useful! to you
the generallity of the people that came from Barbados have been and
then tell us whether wee have not reason to be of this minde For wee
would not have those who went from hence (whom wee are Still willing
to encourage bee any longer mislead and the people that have come to
you from New York and the Northward have by their planting and way
t)f living amongst you fully Satisfied us that they ai'C Friends to and doe
in earnest meane and desire the Settlement and prosperity of our Prov-
ince, being therefore willing to give all reasonable incouragement to hon-
est and industrious men we have sent another sujiply of Cloathes for
ch»athes and tooles and have entered into engagement one to another to
Send yearly to youe whereby our stores shall nevei' want necessaries for
the use (if the industrious planters to be had att moderate Rates, by those
that will pay for them, yett wee doe not intend any more carelessly to
throw away our stock and charges upon the idle foi' though wee the
Lords Proprietors have tyed one another by covenant that none Shall bee

222 COLONIAL RECORDS.

behinde others in the Charge of carrying on this plantation yett wee are
all greed not to make any more desperate Debts amongst you though wee
intend to be at charge in procureing vines olives or any other uset'ull
plants or commodities iit for the Climate out of any part of the world
and men Skilled in the management of them and therefore if you intend
to have Suplyes for the future you will doe well to consider how you
will pay us, in what comodities you can best do it and how the Trade of
those Comodities you can best procure may bee soe managed as to turn
to account for in our trade with you we ayme not att the profit of mer-
chant but the incouragement of landlords In your letters you have been
frequent in the mention of a Stock of Cattle, you say it will enable you
to pay your Debts but do you not think if wee bring cattle thither wee
who doe not want ground cannot keep them vt make the profitt of our
charge and Venture as well as others especially it being ouv designe to
have Plantei's there and not Graziers for if our Intentions were to stock
Carolina att that Rate wee could doe better by Baylife and Servants of
our own, who would be more observant of our orders than you have
been, plant in Townes wliere we direct Take up noe more lands than
what they had use for nor by a scattered Settlement and large Tracts of
ground taken up and not like to bee planted these many years exclude
other from coming neare them and yet complaine for want of Neighbours,
we rest,

your very affectionate friends

CRAVEN.

SHAFTESBURY.

G. CARTERET.

1675.

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 7.]
ORDER ESTABLISHING THE COMMITTEE FOR TRADE

AND f()rei(;n plantations.

At the Court of Whitehall the 12"" of March 1(574-5.

Present.
Lord Keeper Earl of Carbry

Earl of Bridgwater Lord Mainard

Earl of Craven I^ord Berkeley.

M'' Secretarv \\'illiamson.

COLONIAL RECORDS. 223

The Ri^ht Hoiiournhle tlic Ijord Keeper of" the (xreat Seale of Eiig'-
land this dav aeiniainted the Board of His Majesty's Command, that His
Majesty having been pU'ased to disolve and extingnish his hite Conncill
of Trade and Forreiirn Phnitations wherehy all matters nnder their eog-
nizance are left loose and at large, had thought fit to commit what was
under their inspeetion and Mannagement to the Committee of this Board
appointed for matters relating to Trade and His Forreign Plantations
viz. The Lord Chancellor, the Lord Treasurer, Tjord Privy Seale, Duke
of Lauderdale, Duke of Ormond, Manpiis of Worcester, Earle of Os-
sory, Lord Chamberlain, Earle of Bridgwater, Earle of Essex, Earle of
Carlile, Earle of Craven, Yisct)unt Fauconbery, ^''iscount Halifax, Lord
Berkeley, Lord Holies, ]\P Vicechamberlain, M'' Secretary Coventry,
i\P Secretary Williamson, ]\P Chancellor of the Exchequer, M" Chan-
cellor of the Dutchy, and M'' Speaker, and did particularly order that the
Lord Privy Seale, the Earle of Bridgwater, P]arle of Carlisle, F^arle of
Craven, Viscount F^auconbery, A^iscount Halifax, Lord Berkeley, M"'
Vicechamberlain, and M'' Chancellor of the Exchequer should have the
immediate care and Intendency of those Affaires in regard they had
been formerly conversant and acquainted therewith and therefore that
any five of the last named Lords should be a quorum of the said Com-
mittee, and that their Lordships meet constantly at least once a weeke, and
make report to His Majesty in Council of their Results & Proceedings from
time to time and that they have power to send for all Bookes, Papers
and other writings concerning any of his Majesty's said Plantations in
whosesover custody they shall bee informed the same doe remayne, and
his Lordship further signified his Majesty's Pleasure, that Sir Robert
Southwell doe constantly attend the said committee.

JOHN NICHOLAS.

In pursuance whereof their Lordships on the IP*" of August 1675
signed a circular letter to the Governors of his Majesty's Plantations viz.

CIRCULAR I>ETTER.

After (jur very hearty commendations to you His Majesty having in
his wisdome thought fit to supercede the Commission l)y which His Conn-
cill of Trade and Plantaticjns lately acted, and thereb\' restoring all the
business of that nature to its accustomed Channel of a C-offiittee of His
Privy Council. And His Majesty having more especially committed to
a select number of the Boord, whereof Wee are, tlie care and manage-
ment of thinos relatinu' to His Plantations. A\'ce iiave therefore thought

224 COLONIAL RECORDS.

it convt'iiient to give you adverti.seineiit tliereof", ami as wee are l)y His
]\Iaje,sty',s eoniiuand jjcissest of all the Books and papers of jjroceedings
of the said Couneil, so that wee may bee able to carry on our observa-
tions, and Knowledge of what concerns (that Island or Plantation) and
bee still in a capacity to give His Majesty an Account of the same. Wee
shall expect fi-om you a clear and full aceompt in writing of the Estate
and condition in which you found and entred upon (that Island or Plan-
tation) as to the description of the Country and Commodities thereof, the
Laws and Rules of Government. The Officers civill and ecclesiasticall
and Military. His Majesty's Revenue, the effective force of His Maj-
esty's pay, the number of Planters and People, and how many of them
are men ah\e to liare arms, the way of trade carry ed on both outward and
inward and in tlie Country. The condition of tlie neighboring Countries
and Places and ujton what Terms you live with each other. And gen-
erally of all tilings wliich you in your discretion whom his Majesty hath
trusted with a place of that importance shall judge necessary for our full
information. And alsoe Wee pray and require of you to transmit unto
us a Journal of all things whicli have passed since your arrivall there,
and from tyme to tyme of what shall occurre for the future in relation to
and upon the distinct heads aforesaid. And soe not doultting of your
care to advise us in all things that may conduce to His Majesty's service
and our l)etter discharge of the Trust n'posed in us, wee bid you very
heartily farewell

Your very loving I'^riends.
From the Court at
Wliiteiiall the IP" day
of Aut>u.-t 1<)7-"J. -

[B. P. R. O. (Colonial Entry Book. Vol. 97. p. 1.]

an account of his majesty's plantations in
a:\ierica.

(1(j7o)

His Majesty's l'\)rreigu Phuitations in America are govcrn'd cither by
Proprietors, Corporations, Companies or l)y Governours inunediately ap-
pointed by His Majesty.

The Plantations governed 1)y Proprietors are

\ew Yorke belonoino to His Koval Highness

COLONIAL RECOEDS.

New Jersey belonoiug to Sir Gei)ri>e C'artw right and otlier.s.

Maryland I)el()ngino- to the f^ord Baltimore.

Carolina nnder whieh is also eoniprehended the Lueaii and 15aliania
Islands belonging to the Duke of Albemarle, Earl of Shaflesbnrv and
other Lords and Gentlemen.

The Corporations eontained within the bounds of New England are

The Colony of Rhode Island & Providence Plantations.

The Colony- of Conectieut

The Colon}' of New Plimonth

The Colony of the Massaeluisets Buy under whieh is at present com-
prehended

The Province of JNIaine and New Hampshire, and other small Colo-
nies adjoining the first claimed by M'' Gorges, the latter by M'' JNIason.

The Plantations governed by Companies residing in England, are

The Colonies and Factories setled in Prince Rupert's Land and Hud-
.soiis Bay.

The Berrajudos otherwise called the Summei- Islands.

The Plantations governed by His Majesty's immediate Commissions,
are

Virginia and the Province of Accouiaciv

The Island of Jamaica '

The Charibee Islands divided into two parts viz

The Windward and Leeward Islands

The Windward Islands are

Barbados and other uninhabited Islands.

The Leeward Islands, are,

S' Christophers

Nevis

Monterat

Antego

Auguilla and other uninhabited Islands.

There is besides a Colony of English, setled upon the eastern coast of
Newfoundland without Goveriunent Eclesiastical or Civill, who live by
catching fish. All these Plantations are governed either by the I^aws of
England, or by Municipal Laws, not repugnant to those of England.

The Trade of the Plantations is, by several Acts of Parliament, con-
fined to England; whereby no sugar, tobaco. Cotton-wool, indico. Gin-
ger, Fustick or other dying-wood of tiie growth or manufacture of the
Plantations may be transported from thence to any other place than

25

226 COLONIAL RECORDS.

England, nor any Enropeaii Coniniodities be carried thither l)nt wliat
shall be ship2)ed in England.

The Religion of the church ot" England i.s most practised in the Plan-
tations ; but liberty of conscience is in all places allowed, except in New
England, where the government and discipline of Congregational Churches
exclude all others.

1676.

EXTRACTS FROM THE JOURNAL OF WILLIAM EP-
MUNDSON'S SECOND VISIT TO CAROLINA.

[Reprinted from "The Friends Library," Vol. II, pages 123 and 124.]

"I was moved of the Lord to go to Carolina, and it was perillous tra-
velling, for the Indians were not yet subdued, but did mischief and mur-
dered several. They haunted much in the wilderness between Virginia
and Carolina, st) that scarce any durst travel that way unarmed. Friends
endeavored to dissuade me from going, telling of several who were mur-
dered. I considered, that if I should fall by the hands of those murder-
ers, many thereby woidd take occasion to speak against truth and Friends;
so I delayed some time, thinking the Lord might remove it from me, but
it remained still with me.

" The next day I made ready for my journey, but none ventui'ed to go
with me, save one ancient man, a Friend. We took our journey through
the wilderness, and in two days came well to Carolina, first to
James Hall's house, who went from Ireland to Virginia with his family.
His wife died there, and he had married the widow Phillips at Carolina,
and lived there ; but he had not heard that I was in those parts of the
world. When I came into tiie. house, I saw only a woman servant ; I
asked for her master. She said he was sick. I asked for her mistress,
she said she was gone abroad. I bid her show me the room where her
master lay ; so I went into the room, where he was laid on the bed, sick
of an ague with his face to the wall. I called him by his name, and said
no more ; he turned himself, and looked earnestly at me a pretty time.

COLONIAL RECORDS. 227

and was amazed; at last he asked if that was W illiaui ? I said yes. He
said he was affrighted, for he tliought it had been my spirit; so he pres-
ently got np, and the agne left him, and did n(jt retnrn. He travelled
with me the next dav, and kept me comjiany whilst I stayed in that
part.

" On the tirst-day following, the appointed a meeting on the other side
of Albemarle river, where the men and women had been convinced when
1 was there formerly ; bnt when we came the man told us his wife was
just dying, and it would not be convenient at that time to have the meet-
ing there. So we ordered the meeting to be about a mile from thence, at
one Tems's house, a justice of the peace, who with his wife, was con-
vinced, and received the truth ^\•hen I was in that country before. There
we had a full precious meeting, but after we had gone from the house
where the dying woman lay, she came to her senses, and her husband told
her of the meeting, and of me; she said she remembered me well, and
tlie words I spoke when I was there several years before, were as fresh
in her memory, as if she heard me speak them just then ; and said it had
been happy for her that day, if she had lived accordingly. She died be-
fore our meeting was done, so that I could not speak with her. I had
several precious meetings in that colony, and several turned tt) the Lord.
People were tender and loving, and there was no room for the priests, for
Friends were finely settled, and I left things well among them. Wlien
I was clear of that service, we retm-ned to Virginia, safe under the
Lord's protection ; praises to his name for evermore !"

Note. — No date is given except that the whole tour in the Barbadoes, America, &c.,
is said to have been from 1675 to 1677 ; but a reference to Bacon's Rebellion seems to
fix the date of this second visit to Albemarle in the year 1676. — Ed.

[B. P. K. O. Colonial Pantry Book No. 96. p. 69.]

AT THE COURT AT WHITEHALL 8"* OF MAY 1676.

Present
The King's most excellent Majesty

The form of the Oath t() be taken by .the respective Governors of His
Maj. Plantations as followeth : —

You shall swear that you will to the best of your skill and power so
long as you shall continue Governor of this Plantation well and truly

228 COLONIAL RECORDS.

execute and perform all matters and things M'hicli by the Statutes made
in the 12"' and 15* years of His now Maj. reign you are required (as
Gov'' of this Plantation) to be sworn to the performance of, So help you
God

[B. P. R. O. Col: Ent: Book. No. 20. p. 111.]

October 21^' 1676.
Gentlemen,

Wee have re(>eive(l yoiu- two Lettei's the one of the 17*'' November
1675 the other of the 28"' March last per hands of M"^ Thomas Miller;
and doe in tlie first ])lace assure you; that wee neither have nor ever will
parte with the County of Albemarle to any person whatsoever But will
alwayse maintaine our province of Carolina entire as itt is. The Reasons
that induce us to this resolution are such that wee mayntaine and preserve
you in the English Rights and Liberties and in tlie next place your scit-
uation beinge contiguous to ^'irginia is of great importance to us for the
well plantinge of the rest of our province which wee expected should
have had longe sinc^e a better progress with you ; and that the Rivers of
Phampleco and Newse should should have bin before this welplanted and
a way and Intercource by Land sliould have bine discovered between you
and our Plantation on Ashley River, and the neglect of these two has
bine the Cause that heitherto wee have had iioe more Reguard for you as
lookinge upon you as a people that neither understood your own nor re-
garded our Interests. But some of us discourseinge with M"" Eastchurch
your speaker, who is now come over to us and M"^ Miller that Brought
your letters they liave fully satti.sfied us that the fault was not in you but
in those persons into whose hands wee had committed the Goverimient
and that severall of you tliat had made attempts and undertakings for
the di.scovery of a way by land to the jilantation on Ashle}- River as
alsoe to plant more st)uthward upon those rivers of Pamphleco Newse
were with great Violence and Injustice deprived of any power to proceed
any further in sucli worthy uudcrtakeings and some of you that were
planted on the South side ol' Albemarle Kivcr were conimanded back to
your great prejudice and im-onvenience.

Wee doe alsoe further acquainte you that wee are \cry well ple<ised and
sattisfied with your proceedure with Ivieuteuant Colonel Jenkins and your
Order and settlement of the Counccll and Government untill you heard
furtlier from us wlio (>l)serve to nur iireat sattisfa<'tion that in all vour

COLONIAL RECORDS. 229

pruceedings yuu luaintaine the due Respect to us and regard to faire Jus-
tice among yourselves, But wee must blame you and utterly disallow and
disapprove of your sending ^NP Thomas Miller or any person whatsoever
to be tried in Verginia or on of your owne Precincts which is a prejudice
it) the power and authority wee derive from his Majestie's Grant But
however for what is past wee cannot reflect on you when wee consider
the conjunction of time and the apprehensions you had of Sir M'™
Berkeley's being sole Proprietor, and upon this occation wee thinke titt
to mind you that wee utterly dislike tryinge and condemninge any person
either in Criminall or Civill causes without a Jury and that noe evidence
(dandestinely taken can bee of any validdity otherwise then to cause tiie
Criminall person to be secured where tlie crime is of a great nature.

Wee must further acquainte you that wee have given Instructions to
our Governor and Committee that they earnestly press and recomend to
you the Settinge the South side of the river of Albemarle and that as
much as may be in Townes, it being a frontier settlement which if itt be
made stronge and as itt ought will l)e a Security to you from the Incurtions
of the Indians and wee have alsoe given them further Instructions that
they cause three Townes to be settled which shall bee the porte Towns of
your County of Albemarle which places are the first Roanoke Island
which wee woidd have the Cheife towne and the place where the Coun-
cell assemble should meete the 2°* Tow'ue should bee placed on the west side
of the Little Rivers mouth the 3'''' Towne to bee upon the neck of land
betweene Salmon Creeke and Morratocke River, these three Townes to
bee the onely places where the Shipps shall lade and unlaid and to have
all other priviledges which are necessary for the supporte of them, and
upon which we have ordered tlie Government and Councell to advise
with the assembly of the County more particularly tliat such pi'iviledges
as may be to advance the makinge of those places considerable Townes
and are proper for a Grant from us may be granted by us and such
things and priviledges as are more proper for an act of the assembly may
l)y us and the asscnibly bee enacted, for wee must assure you that it is
your and our C^oncerne very much to ha\e some very good Towns in
your Plantations for other wise you will not longc continue civillized or
ever bee considerable or secure, tliere being no place in the world cither
of there without them.

Wee are lastly to ac([uaint you rliat wee linding M'' Eastcluircli your
Speaker to be a gentleman of a very good tamily and as he seems to us
a very discreet and worthy man and very much concerned for your pros-
perity and wclltiiirc and b\- the ojipertunitv of his being Jierc well in-

230 COLONIAL RECORDS.

structed in our desires coiiceruiug these particulars wee have mentioned
to you on these Considerations wee liave chosen and authorized him to
bee our Governor over that part oi' our province which you calkl Albe-
marle and wee have appointed severall other Gentlemen for our deputies
and you the assembly are to choose as many in number as our deputies
shall be to make upp the Great Councell.

M"" Thomas Miller has delivered in a paper of Complaints to us con-
taining great oppressions and Injuryes done which wee have thought
most proper to referr to the Councell and assembly upon the place and
earnestly desire you will cause such justice to be done him as his cause
shall require, and that you will sertifie us what proceedings you shall
make in it if" it shall bee soe desired. Wee rest

Your most assured friends
ALBEMARLE. CRAVEN

SHAFTESBURY. CARTERETT.

COLLETON.
By M'' Thojias Miller

To the Present Government
and Assembly of the County
of Albemarle.

[B. P. R. O. Col: Ent: Book. No. 20. p. 116.]

INSTRUCTIONS GIVEN BY US THE LORDS PROPRIE-
TORS OF CAROLINA UNTO THE GOVERNOR
AND COUNCILL OF THAT PARTE
OF OUR PROVINCE CALLED
ALBEMARLE.

Impr^ you are to obser\-e the rules of strict ju.stice friendshipp and
amitv with the neighbour Indians and not sutfer them to have any just
cause to complain of any oppression or Injustice done them by any of
the English within your Government.

Item 2*^'^ you are to send us by the next oppertunity a true account of
what tribute or payment are rendered by any of our people or officers
fn>m anv of the Indians and upon what account sucli tribute or payment
is demanded or prove due.

Item you are to take spetiall care that Justice l>e duly administered
and that the waves to attaine it mav neither be tedious, troublesome nor

COLONIAL liECOKI>S. 231

chargable for men ot" prudeiife and of estates have noe reason to venture
themselves in any place where liberty and property are not well secured.

Item you are not onely yourselves to a(hniiiister Justice duely ac-
cordinge to the Lawes established But you arc to ])romote and propose
in the Assembly the makinge of such Ijawes as may liest secure the
antient and native rights of Englishmen, and in particular the trvall of
all Criminall €^auses and matters of fact by a jury of 12. sufficient free-
holders accordinge to the 69"* Article in the fundamentall Constitutions.

Item wee propose to you and the Assembly to be considered whethere
it were fitt to be enacted that noe man should l)e arrested or restrained of
his Liberty untill hee had bine first lawfully summon'd to appeare or
appearing shall not give sufficient security for his answering the Law
with his person ajid abidinge such Judgement as shall be given thereujjon,
but in such Case his Security are to stand lyable for his appearance or
renderinge his Body But for the debt (jr makeinge sattisfaction for the
Judgements given it should alsoe be considered how far the warrant of
the great Councell shall bee allowed to arrest or seize without such sum-
mons the person of any one against whome 2jroofe of any Capitall Crime
Soe that such person be brought to a sjieedy tryall and have the access of
friends and assistance for his just defence allowed him.

Item you are to take spetiall care to pi'ohibite all trade and commerce
between the Indians and any others that are noe freeholders of our Prov-
ince of Carolina.

Item wee recommend to you the setleinge of Plantations and Townes
on the south side of the river of Albemarle Ijeinge a frontier settlement
more espetially requires that it bee in townes.

Item wee expressly order you that you cause to bee settled and laide
one, three Townes in our County of Albemarle which are to be porte
Towns and noe other and att which Townes and noe where else shall itt
belawfull for any shipps or vessells to lade or unlade as in the 9.3''*
Article of fundamentall Constitutions The said 3 Townes are to be the
first upon Roanoke Island which wee will have bee the chiefe Towne
and the place for the Councell and Assembly to meete the seconde Towne
must be placd on the west side of the I>ittle Rivers mouth and the S"'
Towne must bee upon the neck of land Betweene Salmon Creeke and
Morrattocke River.

Item wee earnestly recommend to you the (lovernor and Councill that
you consider well and advisedly what priviledges, concession, orders and
rules may be made and granted either Ity us alone inider our great Scale
or by us and the assem4ily by an act and that you propose such things to

232 COLONIAL RECORDS.

us by your next (;Uspatc'lie.s tliat wee may give order eoncorning them as
wee shall fiud meete.

Item you are to doe all that in you lyes to deverte the trade ol" our
People under you with those of New England and to bringe them with
a more imediate Trade with England itt beinge a eertaine Beggery to our
people of ^llbemarle if they shall buy goods at 2'' hand and see much dearer
then thev may bee supply 'd from England, and with all sell there To-
bacco and other Commodities at a loM'er rate then they could doe in Eng-
land. Besides the people of New England cannot l)e friends to the pros-
perity and Interest of our plantations whit-h will certainly in tyme
them one and render them inconsiderable.

Item in order to the Incourageinge a Trade with England and other
places you are to send us an exact account of how many foot there is at
Low water in your se\'erall Inlets, what .safety there is when a shipp is
in and where she may doe best to unlade or take in Commodities for this
has bine soe concealed and uncertainely reported here as if some persons
amongst you had joyn'd with some of New England to engross that
poore trade you have and Keepe you still under hatches.

Item vou are to give an account what nomber of Inhabitants you
have in your County and how much Tobacco they make yearely and
what numbers of Cattle they have or what other Commodities they have
to trade with that may Induce merchants to come theither.

Lasth' ^■ou are upon all oppertunities to give us an account of how
matters stand soe that wee may heare from you if possible twice and
thrice a veare.

[B. P. R. O. Col: Ent: Book. No. 20. p. 114.]

^yee the Lords Proprietors of the Province of Carrolina doe consti-
tute, authorise and appointe you Tho : Eastchurch Esq'^ to be our Gov-
ernor and Commander in Clieife of tliat parte of our Province called
Albeiuarle, and wee doe hereby grant unto you the said Thomas East-
church all the powers and authorities civill and millitarv which by vir-
tue of our fundamentall constitutions a (lovernor and Commander in
Cheife ought to have, and this to continue during our pleasure, Given
under our hands and scales this 21'' of November 107(3.

ALBEMARLE. CRAVEN.

SHAFTESBURY. CARTERETT.

COLLETON. •

COLONIAL KEC01U)8. 283

[B. P. R. O. Col: Ent: Book. No. 20. p. 114.]

Woe tlie Lords Projiriotors of tlie Province of Carolina doe eonstitute,
authorize and appoint you TlKjnias Eastehurcli Esq'''' to be our Governor
and Coinraander in Olieife of all such .settlements as shall bee made upon
the Rivers of Pampleeo and Newse within our province of Carolina, and
wee doe hereby grant unto Tho: Eastehurch all powers and authorities
Civil and Millitary which by vertue of our fnndamentall Constitutions
a Governor and Conunander in Cheife ought to have and this to eontinue
duringe our p!e;isure. Given under our hands and seales this 2P' of
November 1G76. •

ALBEMARLE. CRAVEN.

SHAFTESBURY. CARTERETT.

COLLITON.

1677.

[B. P. R. O. Colonial Entry Bk. No. 105. p. 81.]

AT THE COMMITTEE FOR TRADE & PLANTATIONS IN

THE COUNCIL CHAMBER AT WHITEHALL

TUESDAY THE 17*'> OF JULY 1677

Present

Lord Privy Seale. M"^ Vice Chamberlane

Duke of Ormond. M"' Sec''^ C^ix'entry

Earle of Craven M" See''^ William.sou

Earle of Bath M"" Chan" of y" Excheq''

1/ Bp of liondon. M' Speaker.

* * * *

My Lord Bishop of London presented to the Committee a Memorial
of abuses crept into the Churches of the Plantations containing nine arti-
cles which are all read as follows.

1. That the Governors Keep Parishes vacant and commi.ssion per.sons
to officiate without orders.

26

234 COLONIAL RECORDS.

Whereupon it is ordei'ed tliat tliis abuse be represented to the several
Governors of such Plantations as are under his Ma*'^^ immediate juris-
diction for redress.

2. That the profits of vacant Parishes are converted by tlie People to
their own use.

This to be redressed by the Governors

3. That Ministers are hired for time
To l)e likewise remedied

4. That the Ministers are ill jjaid.

The Governors in this particular to observe the laws of England.

5. That in Mariland and other places there is no settled maintenance
for Ministers at all.

Upon which head my Lord Baltimore is called in and being acquainted
with this particular a copie is to be delivered his Lo^ of this Article that
hee may propose a measure for the support of a convenient niuuber of
Ministers against Thursday next.

And it is further agreed that this defect ought to bee sujjplied in all
the plantations remaining under pi'opriety and that letters bee written
accordingly.

6. That in Virginia there are noe places allotted to bury the dead &c.
Which is to be signified to the Gov'' for redress.

7. That the Vestry exercise a power over the Ministry.

Hereupon their Lordships will consider at their next Meeting the Law
of Jamaica which concerns the Vestry in reference to the Ministry.

8. That in Virginia the laws are not duly executed prohibiting Mar-
riages to be solemnized without lawful Ministers and persons to exercise
the Ministry without proofe that they are in orders.

These Laws are to bee observed in every place.

9. That noe care is taken for the passage of new ^Ministers.
Whereupon it is thought fit that the Gov''^ doe provide for the expense

of transporting Ministers and other charges out of the profits arising by
the vacancies.

1678.

[B. P. R. O. Colonial Papers.]

The deposition of Henry Crokly shipwi-ight inhabitant in Redriffe
saith y' in y" yeare 1676 the Depouant was in Virginnia belonging to the

COLONIAL RECORDS. 235

ship Constant of London Jacob Hayes Comand'' where he saw M' Thomas
MiUer and some acquainted w"' him att James Towne in Virginnia where
the said IMiUer liad his Trvall for treastmable words alleaged against liim
and was then and their acquitted from them l)y S' Will'" Berkeley and
his Connsill ailer w"*" clearing in July tbllowing y" said Miller came pub-
lickly abord & a shore and that voyage came tor England in the s"* ship
whereof y* deponent was carpenter and further this deponent saith that
after y* s** Miller was cleared as atbres'* he was often a shore in company
of t)ne John C^ilpeper and severall Magistrates thier in Virginnia and
was never taxed furthur as to y* afores** accusation by y" s* Cidpeper or
any other person thier that y^ Deponant ever heard of and further this
Deponant saith not

HENRY CROKLY
decimo tertio die ffebruarii 1677
jurat cor me

ROBT CLAYTON Mavor

1679.

[B. P. R. O. CoT>: Ent: Book. No. 20. p. 135.]

INSTRUCTIONS TO JOHN HEARA^EY ESQ--^ PRECIDENT

AND THE COUNCELL OF THE COUNTY OF

ALBEMARLE IN THE PROVINCE

OF CAROLINA.

L Wee haveing agreed upon the Modell of Government herewith sent
you signed and sealled by us to be the fundamentall Constitutions and
forme of Government of our Province of Carolina for ever, and not
being able at present to put it fully in practice by Reason of the want
of Landgraves and Cassicpies, and a sufficient number of People, how-
ever intending to come as nigh it as wee can in the present state of aftaiers
in all the Collonys of our said Province.

2. You are therefore required as soon as conveniently you can after the
receipt of these our Instructions in our names to issue out writts to the
fower Precincts of the County (jf Albemarle requiring each of them to
elect five freehoulders who are to be their I'epresentatives, to whomc the

236 COIvONIAL RECORDS.

iivc persuns c-liu.seii by ii.s being iidcd, and who for the present represent
the Nobillity are to be your Assembly, they haveing ehosen their speaker
you are in our names to requier them to elect five persons which being
joyned to those five deputed by us are to be the Councell, by whose ad-
vice and consent or at least the Major parte of six of them, all being-
summoned, yon are to Governe according to the Ijimitations and Instruc-
tions following observing what can at present be put in practice of our
fundamental] Constitutions and fin-me of Government which Councell
for the present is to be insteede of the Grand Ci)uncell mentioned in our
fundamentall Constitutions and forme of Government, and to exercise
the same power and Jurisdictions the said Grand CVnmcell is to doe by
our fundamentall Constitutions and forlne of Government.

3. Yon are to cause all persons so chosen to sweare Alleagence to our
Soveraigne Lord the King, Fidellity and submission to the Proprietors
and forme of Government by them established ; but in case any man for
Religion's sake be not free to sweare then shall he subscribe the same in
a book for that case provided which shall be deemed the same with swear-
ing. Your selfe and the five Deputys of the respective Proprietors are
to represent the Pallatines Court, and exercise the same Jurisdictions and
powers that by our fundamentall Constitutions and forme of Government
to that Court doth appertaine.

4. You are \)y and with the consent of the Councell to establish such
Courts and soe many as you shall for the present think fitt for the ad-
ministration of Justice till our Grand Modell of Government, can come
to be put in execution.

5. Yon are by and with the consent of the Assembly to make such
Ijaws as you shall from time to time finde necessary which Laws being
rattifyed by you, and any three of our five Deputys, shall be in force as
in that case provided in the Twelfth and other articles of our fundamen-
tall Constitutions and fomne of Government. You are as soon as con-
veuientlv you can to cause the Surveyor Generall to divide the Cbuntrey
into stjuares of twelve thousand acres By which wee intende not to alter
any man's right but that those measures and rules that wee have agreed
on in our fundamentall Constitutions and forme of Govermiient may the
sooner and easier come to be Y>u.t in practice amongst you.

C). Yon are to take notice that wee doe grant unto all free persons that
doe come to plant in. Carolina l^efore the 25*'' day of December, 1684 and
are above the age of sixteene yeares sixty akers of land and to the said free
persons for every al)le man servant with a good fyerlock tenn pounds of
jKiwderand twenty pounds of Bullet sixty akers and for every other sort

COLONIAL KECOiiDS. 237

of" .servant Hf'ty akers t(i his or her ])ro])('r use and hehoot'e and to tlieir
heirs &c for ever.

7. Any person iia\-einii; transported hinisell'e or servants into tlie
County to phuit shall make the same appeare to yonrselie and C'ouneell
wlio shall thereupon issue out a warrant to the Surveyor (xenerall to lay
him out a parsell of land aeeording to tlie proportion mentioned in these
our Instruetions ; and the Surveyor haveing done the same and the war-
rant with the Surveyor Generall'.s returne thereon being recorded and the
person to whom the land is granted liaveing sworne or subscribed Allea-
genee to our Soveraigne Ijord the Kinge and fidellity and submission to
the Lords I'roprietors and their fundamentall Constitutions and tonne
of Government you are the seale for that use provided to pass this fol-
lowing Grant.

Sir George Carteret Knight and Barronet Vice Chamberlin of his
Majesty's househould one of the Lords of his Majesty's most honorable
privy Councell Pallatine of Carolina and the rest of the true and abso-
lute Lords and Proprietors of Carolina To all persons to wliome these
presents shall come greeting in our Lord God everlasting Know yee that
wee the said Lords and absolute Proprietors according to our Instruetions
dated at Whitehall the 5"" day of Februar}' 1678-9 remaineing upon record
in the County of Albemarle in the Province aforesaide doe hereby grant
unto A. B. of the said County planter a plantation containeing akers
of land English measure lying and being in the precinct of A. in the
County of bounded N the said land being due to the said A. B.

by and for the transportation into the County of persons whose

names are upon Record under this pattent to have and to houlde the said
Plantation unto the said A. B. his heires and assignes for ever with
priviledge of Hawking hunting fishing and fowling, with all woods and
trees with what else is there growing standing and being except all mines
mineralls all Quarrys of jems and Pretious Stones Yealding and paying
therefore unto us and our heires and successors yearly every ^O"* day of
September according to the English accompt one penny of lawfull English
money or the value there(_if for every of the said Akers to be houlden of
us in free and common Soccage the first payment of the Rent to begin
the 2!:)th of Septendxn- which shall be in the yeare 1684 Provided always
that if the said land be not seated within one yeare after the date hereof
then this pattent to be voide else to stand in full force Given at
Under the Seale of the County of Albemarle this Day of Aimo

Domini Being the yeare of our possession of our Province

of Carolina. Witness John Harvey P^scj" President and Connnander in

238 COLONIAL RECORDS.

Cheefe of our said County and our trust}' and welbeloved our Councel-
lours who have liereunto set their hands the day and yeare above saide.

8. Although by our fundanientall Constitutions wee have reserved to
ourselves one penny per aker rent of all lands in Carolina Yet for as
much as there are divers persons in the County of Albemarle who were
possest of land there by virtue of Grants from Sir William Berkeley at
one farthing per aker quitt Rent and others were possest of and had
Rights to land wiiilst by our Instructi<jns to our Governours of Albe-
marle wee reserved to ourselves but one halfe penny per aker quitt Rent,
wee think it just that those persons should injoy their lands under the
same quitt rents they were granted to them when by virtue of our Instruc-
tions Lands were due to them for haveing come into the Countrey them-
selves or brought or sent servants to plant there, Wherefore you are in
our names and according to the foi'me in these Instructions prescribed to
pass oiu" grant to all persons at one farthing per aker quitt rent who shall
desire such grants and shall make it appeare to yourselfe and our Depu-
ties that they had grants from Sir William Berkeley under that quitt
rent before the 25"^ day of December in the yeare of our Lord 1663 and
have not forfited the same by virtue of the Act of the Parliament there
by us, past and confirmed the 20"' of January 1669 intituled an Act for
the spedier seating of Land, and you are to pass the like Grants at one
halfe penny per aker quitt rent to all persons who shall desire the same
and have rights to land before the publishing these Instructions and have
not forfited the same by Virtue of the Act aforesaide, Ijut you are not in
the grants of one farthing per aker nor one halfe penny per aker to allow
the same time for the beginning of the payment of quitt Rent that is
alhjwed to those who ai'e to pay one penny per aker quitt Rent, for wee
expect those who are to pay but one halfe penny per aker quitt rents,
their rent shall be paid frt)m the time they ought to have bin paide by
virtue of our Instructions if the persons had, had their lands pattented
as soon as it was run out fi)r them and those who hath pattents from Sir
William Berkely before the yeare of our Lord 1663 wee expect should
pay the said ({uitt rents from the time they were to have paid them by
the said pattents.

9. You are to choose some fitting place in a Collony whereon to builde
the cheefe towne of Albamarle in the choice of which place you are to
have regarfle to health plenty and easy access, you are to endeavour to
get the Parliament to raise where-withall to build a house for the meat-
ing of the Councell and Parliament in the said towne and when the said
house is erected the Councell and Parliament are alwaves to sitt there

COLONIAL KECOKDtS. 239

and also the Surveyors Registers and Secretarvs offices are there to he
kept and in no other place, and also the C-ourt of Common please and
Sessions of the peace, and yon are to get the Parliament to pass an Act
that noe Store shall be kept Strong drink or any goods soulde by retayle
but in the said towne and you are to cause all vessels that shall come into
Albemarle river thei-e to loade and uuloade as by our fnndamentall Con-
stitutions is required.

10. You the President of our said Councell are to be Commander in
Cheefe of all the forces raised or to be raised in our County of All>amarle
over whom you are to place officers and to cause them to be duely exer-
cised in Amies, and to doe all other thing and things that to a Com-
mander in Cheefe of an Army doth lielong, and you are to summon the
Councell to meet as often as you shall see cause and are to doe and exe-
cute all those powers and authoritys which by virtue of our funda-
mental] Constitutions temporary Lawes or Instructions a Governor
ought to doe.

IL You are also by and with the consent of the Major parte of our
Deputys to adjourne prorogue and dissolve the Parliament as to you
shall seenie most convenient for the good and quiet of our Comity.

Given under our hands at Whitehall this 5"' day of February 1678-9.

[B. P. R. O. Col: Ent: Book. No. 20. f. 131.]

Sir George Carteret Knight and Barronet Vice Chamberlin to his Ma-
jesties hou.sehoulde and one of His Majesties most Honourable Privy
Councell Pallatine and the Rest of the true and absolute Lords and Pro-
prietors of the Province of Caroliny

Doe hereby During our Pleasures Comissionate apointe and Inipower
you Rob' Holden to march with such men as you shall thinke convenient
and are willing to goe along with you into the parts of our province of
Carolina that are not already fully discovered either on this side or be-
yonde the Apaletean Mountaines, and wee Doe hereby Constitute and
apointe you the said Robert Houlden to be Commander in cheefe over
such men as from time to time shall be willing to undertake any
Voyages of Discoveiy with you and to Exercise such powers Authori-
tes and jurisdictions over the saide men who shall soe march with
you as to a Commander in cheefe doth properly belong; hereby
strictly requireing the said men to yealde Due obedience to you the

240 COLONIAL RECORDS.

said Robert Hoiilden as to tlieir Cominaiuler in Cheef; and for the
better Government of the said men who sliall from time to time Accom-
pany you on any Voyages of Discovery, Wee Doe hereby impower yon
from time to time to Comissionate and apointe such Inferiour officers un-
der you as to yon shall seeme meet and convenient which Comissions are
to take place as soon as you the said Rob' Holden beginn your March
and to cease uj)on your reenterance intcj the County of Albemarle ; and
wee doe hereby strictly Injoine all other persons of our County of Albe-
marle not to undertake or intermeddle in any discovery unless thereunto
Comissionated by you and you are to follow such Instructions as are
herewith given you and that you from time to time shall receive from us,
Given under our hands and scales this 19*'' Day of February 1678-9

ALBEMARLE. G. CARTERET.

SHAFTSBURY. CRAVEN.
P. COLLETON.

[B. P. R. O. Coi.: Ent: Book. No. 20. p. 132.]

Sir George ('arteret Knight and Barronet Vice Chaniberline to his
Majestie's househoulde and one of his Majestie's'most honourable privy
Councell Pallatine and the Rest of the tiiic and al)soIut(' Lords l-'roprie-
tors of the Province of Carolina

To all whome these presents sliall coiuc greeting Know yee that wee Doe
hereby (During our pleasures) con.stitute apointe authorize and Impower
Robert Iloulden for us in our names and to our uses to looke after Re-
ceive and Recover all \^'recks Aniliergrice or any other Ejections of the
Sea that by Virtue of his Majestie's Tvetters pattents doe to us apertaine
or belong and if neede be to sue for and Recover the same and acquitances
and other Discharges to give in our names for which he shall Receive
by Virtue of these presents and to doe and act all other thing and
things which we our.selves lawfully might doe, in order to the Sewing
for or the Recovering the same, and Doe hereby strictly Injoine all per-
sons whatsoever from Intermedling herein unless thereunto Comistion-
ated or deputed by the said Roll' Houlden Given under our hands and
Seales this 19'" Fel/^ 1078-9.

ALBEMARLE. G. CARTERET
SHAFTSBURY. CRAVEN.
P. COLLETON.

COLONIAL JiECOliDS. 241

[B. P. R O. Co].: Ent: Book. No. 20. p. 134.]

INSTRITCTIONS FOR M' ROBEIH' H OLDEN,

You :nr as soon as ('onviMiicntly vdu can af'tci- your Arivall in Allje-
marle to gether the Arearcs of our Quit Rents and if you Reeeive it in
Tobacco you are to consigne the same to the Right Honoural)le Anthony
Earle of Shaftsbury and Sir Peter Colleton for the use of the Proprie-
tors of Carolina and the likf' you are to doe with all you shall receiye of
the Rents that shall beeouie due.

You are alsoe to consigne to the said Earle of Shaftsbury antl Sir
Peter Colleton for our uses all that you shall gett of any wrecks, aud)er-
griee or other ejections of the sea.

You are from time to time to give an accompt to M'' Seth Southwell
if he desires it what you have received for Rents or Wrecks and what
Andwrgrice you have gotten or have notice of that others have founde.

For your paines in collecting and shiping our rents and looking after
wrecks ambergrice and other ejections of the sea to us apertaining wee
doe allow you the tenth parte of all Received or Recovered by you and
sent to us.

You are from time to time to give information what discoverys you
have made of the Inland parts of our Province what Nations you finde
and as neare as you can, the number of fighting men of each nation, and
what mineralls you have observed or found in your Voyages of diseove-
ry.s, and for your Incoragement wee doe give and grant unto you a tenth
parte of all mines and pretious stones you shall discover and a fifth parte
of any trade you shall discover with any nations either amongst or be-
yonde the Apeletian Mountains.

You are to take into possession for (iur uses all Estates either real or
personal which by virtue of his Majesty's Lettters Pattents doe escheate to
us, and are from time to time to give us notice of any estate that is
escheated and send us an Inventory thereof that wee may give you
directions how it shall be disposed of

ALBEMARLE. G. CARTERET.

SHAFTSBURY. CRAVEN.

P. COLLETON.

242 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

TO ALL THE INHABITANTS OR ANY THAT MAY
ARRIVE IN THE COUNTY OE ALBEMARLE.

This i.s to certify that I have seene a proclamation signed by Capt.
Tyniothy Biggs \\hei'ein he declared hiniselfe Dep'-' to the Earle of Cra-
ven and Comptroller & Surveyor Generall of his Ma"^' Customes and
that he is ready to enter & cleare any vessell or vessells that may here
arrive and to the intent that noe person whatsoever may be deluded or
run into danger by meanes of the said proclamation I doe hereby declare
that as to his being Dep'^ as aforesaid I dispute not but never understood
that a Comptroller or Surveyor of the Customes had the prerogative of
entring or clearing any vessell but that it belongs to the CoUecto'' which
I am till another appeare & therefore whoever shall enter or cleare with
him thinking they have done tlieir duty therein he or they may be hereby
informed that I will make seizure of them & Ijring them to tryall accord-
ing to Act of Parliament.

Dated Feb'-^ 25'" 1678-9

JOHN CULPEPER Collecto^

\_I)idor8ed ]

Culpeper's Declaration
ag«' T. B. when T. B.
was pulled downe

Read the 7*" Fel/^ 1679-80.

[B. P. R. O. Colonial Papers.]

May it Please your Lord''*

In obedience to your Lordp^ Reference of the 11"' March la.st Signi-
fyed to us by M"" Guy we have Considered the Peticon of Rene Petit his
Ma"" Agent at Rouen and Jacob Guerard of Normandy Gent. & S"'
Thomas Dolmans L"^ thereupon of the 14 of the same month and in an-
swer thereunto we do humbly offer That (as we are informed) the quantity,
of Tobacco that groweth in Carolina and tho.se Parts is considerable &
Increa.seth every yeare but it will not appear by the Cu.stomhou.se bookes

COLONIAL RECORDS. 243

what customes have been received in England for the same for that by
reason of the Badnesse of the Harbours in those parts most of the To-
bacfoes of the gro\\i:h of those Ct)nntreyes liave been and are Carryed
from thence in Sloopes and small fetches to Virginia & New England &
from thence shipped hither. So that the Entries here are as from Vir-
gin* & New England although the Tobacco be of the growth of Carolina
& Albemarle. And as to what is desired That his Ma"* would be pleased
to Send the Peticoners two of his small ships for the Transportacon of
about four score Protestant ffamilies to Carolina and that Two thousand
pt)unds sterling which is to be advanced towards this undertaking may
l)e reimbursed to the adventurers out of the first Moneyes accrewing to
his Ma"* by bringing into England the Comodities of that same Planta-
con ; We humbly answer.

ffirst That it is not said in the Peticon that these ffamilies are now in
parts beyond y° Seas, & would come hither on purpose to be transported
for Carolina but that for ought appears they may be Protestant ffamilies
that are already settled here, and we canot advise that his ma*'* should
give any Incouragement to any People who ai"e settled in this Kingdome
whether Natives or fforreigners to transport themselves from hence into
any of his Ma"" Plantacons or Ireland On the contrary we are of opin-
ion that there are too many ffamilyes that do daylye Transport tliem-
selves both to the Plantacons & to Ireland to the to the unpeopleing &
mine of this Kingdome. And we are of Opinion that means are rather
to be used for the liindring then the promoting thereof but if these ffami-
lies are now really in parts beyond the Seas, we think that the Encourag-
ing of them to come over to goe to Carolina is a very good Work.

2. But we do further offer that tlie Colony being given by his Ma"*
in Propriet}' to sever" Lords Proprietors We see noe reason why his
Ma"* should l)e at y" charge of Peopleing that Colony but that the same
ought to be l)orne by those to whom his Ma"* hath given the same in
Propriety.

3. The Customes upon Tobacco are soe considerable being two pence
"^ pound That if Carolina should be 'Emitted to Import Tobacco Cus-
tom free It would be a very great discouragem' to his Ma"*' other Colo-
nyes who plant Tobacco. And besides Carolina is soe nigh to A^irginia
& Albemarle that in this case the Tobaccoes of those parts would in small
Boats be carryed to Carolina & be shipped hither in small Ketches as
Tobacco of the growth of Carolina & it would be Impossible to prevent
this fraud.

244 COLONIAL RECORDS.

4. But wlierea.s the Pretence of Transportir.g these ffamilies is for the
setting up of the Trade of silkes Wines and Oyles We doe offer that in
ease his Maj"' slndl think fit to do any thing in this business That it may
be by granting to the Peticoners a Proportion not exceeding one halfe
part of such customes as shall Arive upon Wines silkes & Oyles, & due
care to be taken that there be good and authentick proofs that the said
Comoditics are of the growth of that place & that the allowance to be
made by his Ma"" be upon such Wines, Silkes and Oyles only as shall be
imported imediately from Carolina into the Port of London for the more
Exact Keeping the Accompt & preventing frauds & abuses to be put
upon his ^Ma"" by importing silkes wines and oyles of other Countreyes
as if from Carolina.
Custom house I^ond" All w"*" ]s humbly submitted to

H"" April 1G79. your Lord^' Consideration.

RICH TEMPLE.

H. MILLINGTONY CH: CHEYNE

G. DOWNING. JOHN UPTON

[B. P. R. O. Colonial Papers.]

ROBERT HOLDEN TO COMM'' OF CUSTOMS 10 JUNE

1679.

Boston in New Enc4Laxd June lO"" 1679.

May it please your Honours,

Since my arrivall at this place (in order to iiiy passing for tlie County
of Albemarle in tlie Province of Carolina having received from y'' Hon"
Commission & Ivjstructit)ns for the collection of His Majesty's Customs
&c.) haveing met witii divers informations tending to my place there &
the frauds used by the traders here about Tobacco transported thence to
this place and else where. It is m}' duty (& ^ the greatest injunctive tie
devised) to give information of all affaires thereunto relating as also "^
severall articles in m\- Instructions required in such negociations to serve
the King ttiithfuily in y* misdemeanours of his subjects about the de-
frauding of customes etc. The subwritten accompt of such attaires in
here inserted.

About i dozen traders of this place witli their complices receive the
greatest pait of the j)roduction of toliacco in the County of Albemarle in

COLONIAL RECORDS. 245

the Province of Carolina annually & '^ a person whom through their
interest w*** the people have factiously made one M'' Culpeper (a Gentle-
man I Know not) the Collector of his Ma'''" Customes, by which meanes
they & he have played such notorious pranks with the specious pretences
of doing justice and preserving the King's rights that a people and Cus-
tomes Treasure were never more infatuated, cheated and exhausted by
the cui'i-ciit late received stamp in these parts of New England Cliristian
policy.

And as the Tobacco trade current causeth their concourse thither tt
their wayes to leniate y* impcjst (which the other subjects of the King
pay) resteth not there, for from thence brought hither, they have liberty
without farther examination here to carry the same to Ireland, Holland,
France, Spain or any other place under the notion of fish and such like
goods by which the trade is so diverted from the true rules of Commerce
that trafique in this Western world must be monopolized in this Com-
modity only to New England & the rest of His Majesty's people so trad-
ing must become Bostoniz'd or relinquish dealing if speciall care is not
had thereto & a settlement of Customes here with the King's Officers.

That the Canary trade in like nature is carried on: Ships from hence
go thither & load wines, touch at Maderas or some other of the Western
Islands & there take about a tun of their wines which they put in the
hatchway coming home; From whence yoiu' ship? From Madei'as, with
their lading Wines, & so draw off the upper Cashes for a taste & so the
whole ship under this notion is unladed without further enquiry. I was
told this by one who saled in a ship that practised it.

That the Scotish Trade by the like Legerdemain jugles is driven. A
ship at Newcastle Berwick Poole &c. toucheth taketh in coals or some
slight goods, goes for Scotland and there receives great quantities of linen
& other Scotish goods what tliey think best to bring & coming here by
her English clearings at tlie T'orts &c. abovesaid passeth for current with-
out farther inquisition.

The French, Si)anish tt wiiat Country else Eiu'opeau trade in like
nature passeth home under tiie jiretencc of French or Spanish salt &c.
by which from France they imjiort all that Country wares as Linen,
Wines, Rubans, Silks <&c. from Spaine wines, fruits, oyle Portugall the
like goods &c. from hence transport as afores'' under flic notion offish to
all these places what will turn to account.

Here is just no\\' a ship returned from Madagascar by the way put
severall Negroes on shore at Jamaica, she touched I hear at severall parts

246 COLONIAL RECORDS.

of East India & besides hath brought Elephant teeth where she got them
knows not, she hath been a year & J out.

The fame that tliis place liath bore in this Western part of the World
as well as elsewhei-e (in this article makes me somewhat digress) about
their church governm* and integrity of life in breef is now almost wholy
devoured with Christian Policy of New England by which meanes they
liave made their adoration their prime best Commodity of Merchandize
& their Zeale their cheef broaker, as their occasions and atfares in the
world shall require, that tliese two now may pass for the grand Cheates
of tlie world.

For my part I liave thought this my duty both to my King & your-
selves in that place (under your favor) I enjoy, to advise that these irreg-
ular courses may be prevented & care taken as your wisdomes herein may
appoint, without which not only many of His Ma'^'° Liege People will
be oppressed; But my Masters the Lords Proprietors of the County of
Albemarle in the County of Carolina will through their interest of trade
there be kept in faction & Rebellion as now it is and for severall yeare
hath been & they the cause wholy that their liurdships government can-
not take place.

I shall omitt no time nor paines in the execution of my office accord-
ing to my capacity & wholy follow your Instructions and Orders & in-
deavour to regulate within my jiowcr c^t l)v all opportunities give advice
of all occurrences.

In the 12th Article of Instructi(jns is expressed a Cojiy of his Maj'"
Proclamation of the 24"' Nov"" in y" 27"' yeare of his Reignc relating to
European wares and Merchandize delivered nie &c, which I have not
neither in tlie Book of Rates can I hud it inserted. I desire Yo"" Hon"'*
by the next cunveniency to ^end me all the Prt)clamations that have been
tending to His JNIaj'' Customcs; that according to my place I may cause
publick reading of them in our Country with what else may farther
relate to my more full & truly excecutiug my place.
I subscribe my self

Yo"" Hon'^ most humble & l)ounden Serv'
ROBERT HOLDEN

^A'itliin this 2 or ."j dayes I depart hence for Albemarle County in y"
Province of Carolina having been about 10 dayes here. R. H.

COLONIAL RECORDS. 247

[B. P. R. O. Colonial Papers.]

The luimhle proposxUs of Tvinotliy Biogs to tlic most illustrious &
Rt. Hon"^ Ijords Proprietors of his Ma"'''' Colony of Carolina I presume
that yo"^ Lo""^ having beene out considerable sufnes of money for the well
planting the south parts of your Province Avith hopes of a further Answere
of your Expectacon tlien you may have hitherto had Possibly may be a
Reason of unwillingnesse in your Lord'"' to Lance out no further But
I humbly propose to your Lord'" That notliwithstanding you have not
beene out as yet any thing upon that County in y* Province called Albe-
marle yet y* Inhabitants have lived and gott P]states under y'' Lord^"
there by their owne Indnstry and brought it to the capacity of a hope-
full Settlement and ere these had it had your Lord'" smiles & assistance
but a tenth part, of what your Southern parts have had It would have
beene a Flourishing Settlement But People having no assurance of their
Lands (for that yet ne\'er any Patents have beene granted under vo""
Lord*" to the Inhabitants) is matter of great discouragement for men of
Estates to come amongst us because those already seated there have no
assurance of their enjoyment.

As to our Inletts Virginia l>eing so neare us when the Government
shall be well settled (our Land exceeding Virginia & our Stocks of Cat-
tell not requireing fodder as Virginia doth) will di-nw men of Estates
amongst us who may by building small A^essells send our Tobacco to
shipp that lye at Virginia Capes and have freight cheaper for delivering
the same on b<iard for that many ships are forced by their sloops to fetch
their tobacco further than our place is from Virginia And the goodnesse
of our Tobacco will advance the jirice to countervaile the charge.

That the present yearely Product of our comodity (to say) Tobacco in
yo' County of Albemarle pays his Ma"" for Custome at least 8000,£ ster-
ling And the yearly product may be s'* to be worth many thousand
pounds besides our great stock and the Indian Trade w"*" were we sup-
plyed directly from England would much advance your Settlement.

That it would be great Encouragement to People to well Plant and
remove to yo'' Lordf" s* County & to yo"" Lordi" j)rofitt if did as at yo''
LordJ" South Settlem' Carry on Plantacons there which would Answer
yo' Expectacons without being a fourth part out to what some of vo"
LordP^ have beene.

Bee pleased to consider a necessity for yo'' speedy & effectuall suppress-
ing y° Rebellion though at some charge by a small force for that not onely

248 COLONIAL KECOEDS.

his Maj'-*''* Customer are uiipay'' & yo" Lord'" interests lye at stake by y^
great Injury it will be to y'' neighbouring Governm''' as New England,
New Yorke, Maryland & Virginia by servants, Slaves & Debto'^ Hying
thither w°'' will in ('(jntinuanoe of time make them so stronge as small
matters will not then do it & I am sure a Vessell with 8 or 10 Guns &
full power to beat up for Volunteers in Virginia to suppresse them if
they refuse on Proclamacon of Indemjjnity to come in & submitt them-
selves to yo'' Lord''* exeept 2 or ."3 i)ersons that are Promoters of the said
Kebellion which reguard of yo"' Lord'''* will be a discouragem'' to the
Rebells t^' encourage tlie Inlial)itants A: others to live und"' yo'' Lord''^
protection.

In or al)out Aprill 167(S

I doe Averr that these Proposalls were tendred to y'^ Lds P'p'^t'^'' in
London by mee & y" ordred mee upon y° same to give my tleposition &
it to offer to y'^ L* TresiU'er w"' my pititi(jn y" w"** I did & his Grace
Duke of Albemarle Presant. & they ord''' x" same to come Ijefor y" Kings
Maj'^ & Gounscill w"** was acordingly agreed on by y" Lo"*' Pi'opriat''^, but
alter upon what considerations of thers I know nt)t, I was Comanded by
y^ s** Lords To forbeare offering it or proceeding any further therein

This is for a trouth given L^nd"' my hand this lo"" Aug" 1679

TIMO BIGGS
Dep'^ for y" Earle of Craven

I the subscrib' doe averr and am ready to be deposed y' y* al)ove attes-
tation and averrm' to the Send" of y^ afores'* Proposalls is the hand of
M'' Timothv Biggs

JNO TAYLOR
1679

[B. P. R. O. Colonial Papers.]

THE REMONSTRANCE OF THE INHABITANTS OFF PAS-

PATANCKE TO ALL THE REST OF THE

COUNTY OF ALBEMARLE.

8 December 1677.
First the occasion of their secureinge the Records & imprisoning the
Presid' is, that thereby the Countrey may have a free parlem' & that
from them their aggreivances may be sent home to the Lords, w"'' are

COLONIAL RECORDS. 249

breifely these; In the first place (ciinittiiiii' many liainous matters) hee
denied a free election of an Assembly and hatli pt)8itively cheated the
Conntrey of one hundred and tliirty thousand ])ounds of Tobacco which
liath raised tlic levie to two liundrt'd and fifty pounds of Toli" '^ head
more then otherwaies it would have l)cene l)esitles neer twenty thousand
pounds of Tob° charge he hath brought upon us by his pipeing guard ct now
Capt. Gillam is come amongst us with three times the goods hee brought last
yeare but had not beene two houers on shore, Init for the slip of a word
was arrested for one thousand pounds sterling t^' many affronts and indig-
nities thrown upon him by y" Presid' himselfe, in somuch that had hee not
beene earnestly perswaded by some hee had gone directly out of the
Conntrey and the same night (about midnight) luc went aboard with a
brace of pistolls and presenting one of them cockt to INP txco. Purants
breast & w"* his other hand arrested him as a Ti-aytour and many other
Injuries, mischiefes and grievances hee liatli brought upon us, that thereby
an inevitable ruein is comeing (uulesse prevented) which wee are now
about to doe and hope & expect that you will joync with us therein, and
subscribe this 3* day of lO''"' 1(577.

Will-" CrafPord, Will" Bird, FAw'' \^'clis, Jn" Ilalford And 30 more
w°'' for Iirevitie I omitt to insert

X true ( 'oppie.

Albk.mai!1,e IX Carolina.

Edward Wade aged 34 yeares or therealionts, wlio deposed, saith that
the within said writeing is a true Cop])y of thai which this Deptment
(as Marshall Generall at that time of the ( 'oiuitiy af'ores'') coiTiauded and
seized from Sam" Pricklove about tiic fourth or fifth of IVceml/ 1677
who was comeing upp therewith (as yo'' dcj)oucnt su]>poseth) to publish
itt in the precincts of Pyquomons, after lice had tlrawne itt w"" his own
hand writeing from the originall Remonstrance (soe called by and) from
the Pasquatanckians, w"'' they sent out ujxm their Rebellious riseing in
armes, breaking sundry locks, stealing tlie publicke Records & then seize-
ing & and imprisoning M'' Tho. Miller tlicn Pr(^-iid* & Comander in cheife
nnd' the Hon"^ Govern'' deceased his Maj*' Codec'' & (le])utie for the R'
Hon"" the Earle of Shasl)ury etc with two more of the I/' Prop"
jgptyes ^^.ch oi-igiuall Remonstrance was written by one John Culpeper
as the s* Sam" Pricklove told mee an<l further saith nott.

Sworn before me this 22 of Agust 1679.

JOHX HARVEY.
(Indorsed)

The rebbells first paper called a Remoustrauee and M'' Wade's testy-
monye dated 10"*' 3'^ 1677. 28

250 COLONIAL RECORDS.

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 98.]

This Ashley Cooper And tlie rest of the p'p" of the

province of Carolina.

Wee the who are in Scorne called Qnakers are made willing

for of the Truth and onr Innocency and to Inform

yon that and are a seperated people and have stood single from all the
seditions actions which hath happened within this Comity of Albemarle
As wdll appeare by what was acted in the yeare 1677.

Thomas Miller arriving here abont the moneth with com-

missions and deputations from yon the p''p''etors and Thomas Eastchurch
commisionated governor of this C-oxmty to settle it in ordei'

s^ Thomas Miller was received as president by the Inhabitants of this
County who did signify Tlieir Allegiance by an Oath for The King and
fidelity to you the p'p'fetors and Submissi tt) the present government
Established; And wee whom the world in scorne call Quakers subscribe
the same and not long after of those that the p'sent

power thus estahlislied rose up in amies and seized the records

and Imprisoned the President Thomas Miller and two more of your
Deputies Against whose actions wee Testimony and could iiott

joyne with them in the same they gave forth they would seize

some of our fri one of your Dejinties who was thereby

exposed of our friends to goe to Virginia and soe inteudeil

for England with Tliomas Kastciuu'cli (then newly arived In

Virginia) k"st from going whereupon the s"" Tliomas Eastchurch

lamation tliereby to appease ther Jury which

regarded placed a Guard of souldiers at the house

of fhunes (Hill) Tho: Eastchurch or any of our friends

which were in Virginia with liim AMiich Guard took away oiu-

guns out of our houses saying wee could not joyne with them in their
Evil ]U'actises In not only in that Action, but in our

whicii they tooke from us Whereupon they
which C<mimittee issued forth their false and imjust orders seizing

and securing any of our friends which then were in Virginia from their fam-
ily whicli was accordingly executed at their return Namely James (Hill)
one of your Deputies and Francis Jones and Christopher Nicli two

Ancient Inhabitants and then burgesses of this County, whicli with the
s* James u Hill were apprehended (as will appeare) by their Lying Orders
and by their assertions whereby they labour to villifie us and bring an

COLONIAL RECORDS. 251

evill Report ujjoii Truth and our peaceable meeting in tlie which they
Render plotter.^ and contrivers of Treason and Wauers of Warr and
vile persons and discjuiatets of the peace and scandahnis base Intelligencies
which things they cannott make appeare against us thougli falsely laid
to our charge for we doe detest and Abominate and ever have borne our
Testimonies ag^' such wicked practises since the everlasting Truth of our
God hath Ap})carcd among us Which Truth Traceth us to deney all un-
godliness and worldly Lust and to live soberly Righteously and godly in
this present evill World And now these seditious persons by whonie we
have suffered are still breathing forth their threats against us They have-
ing received an act of gi'aee and Indemnity (as they call itt.)

To which two of your Deputies (for Conscience sake could not assigne
Namely James Hill and Timothy severall Reasons And now

the heads that were of that seditious are Elected to sett in

Parliament And some of the of the Court and soe conse-

quently to become our Judge shall bee the objects for them

to execute their upon ; Although wee have submitted and

subscribed to this present Government as well as wee have to the former
governments, Knowing assuredly that they have noe just for what

they have Acted against us but only oute of their Envie Except

It bee for our fidelity to you our Proprietors and submission to the pres-
ent Government then established In that we could nott joyne with them
against the then President Thomas Miller Because wee were well per-
suaded what they acted against him was Envie Mallice
Because severall of us being then members of Parliament and saw what
was then Acted before that sedition for the Cleareing of the

Truth and for the satisfaction of the Proprietors and signifieing our In-
nocency as per reiferene« to what we have often been charged withall yet
still wee found a peaceable people according to what wee doe pro-

fesse giveth us the more Liberty to signify the Truth unto you

yee might the better know and be informed as

Truth which ought Rightly to be Understood such cases as

these are, ^Vliy. Because and welfare of a Nation and not

only soe of their own Right and Interest severall as

been for the most part of us) Sellers in

Province of Carolina and have made hither

abundance of patience This Late Rebellion arose here in

these parts we thought wee should have done which thing (we

in some measure bee looked Into with a that the

many grievances and hardships wee have and are Like to

252 COLONIAL RECORDS.

bee exposed luitu may Cea.-ie the which Nsee doe not ques-

tion at all (that may he heard in the behalfe of the Inocent

whose Inocenoy places their cause in the sight of the Lords and beareth
them witnesse to the well doing and is against all such — as — Act are Con-
trary to the Just Law and un of God which speaketh in this wise,
Doe unto all as you would bee done unto which command wee the peo-
ple of God (in iScorne called Quakers) are made to witnesse in as much
as we dare not Act contrary to what wee jjrofesse. Soe little more at
present only Ijoaveing the Justnesse and Inocency of our present state
and Condition, unto that of God, in every one of you who are
Concerned as npon this Acciinijit and wee still desire that the same may
be heard and harkeneil unto l)y all and more espeacially by them who
take to them selves power to give forth Laws and Commands and to
make Acts and decrees for the good and safety of a Country and more
for the punishment of Evil doers and for the praize of them that doe
well. Therefore be mindfull and see that snch laws and Decrees be put
in foi'ce, whereby \vickedness and abomination may be suppi'essed and
the Acters and doers punished, for now it you upon which if you
seriously consider and weigh the tiling aright you will iinde the same to
be certaiuely true.

The wee up tiie pure mindes of you All to doe the

and needfully the which if you doe the Lord
pleased And hee will add unto you of even in the greatness

of his mercy and Tru will F in this your Country Al-

wayes provided that Truth may have the Rule Butt when wickedness
beares Rule the Righte(jus must needs mourne, Wherefore Consider what
of them that have been the patient sufferers all along as
in the behalfe of God the prosperity of his Truth and the peaceable set-
ling of this Your Country whose Li\'es and Estates to
the Spoyler and they thojuselves are readie to bee made made a prey upon
If the Lord put not an end thereunto

These from the people of God ) rp, , .-,.>, , ,. , ,

1 • 11 1 /-A 1 I he 13"' dav of the

who are ui scorne called Quakers > -„, ,, \,.-t^

1 , J .^, 1 r moneth 16^9

wJiose names are Jiereunder written )

Charles John Hunt Isack Page

Fran William Henry White

Christop George . Arnold

John Jonathan Timothy Meads

Steven Hancock William Bundey. Jonathan Tarper

William Wayf Joseph Scott William Tnr(ner)

Hein-v Prows John Peare Solomon Poole

COLONIAL RECORDS. 253

Tht'se may give to uiuler.staiul That most of" us who.so iiainew are here-
unto subscribed have been Inhabitants in Carolina sinee the yeares 16(j3:
and 1664.

Wee doe declayre and averr tluit tlie above subscribers couionly called
quakers did cause this Remonstrance to be drawn In oi'der to itts pre-
sentment to the Tjds proprietors and did also assigne it this is for the
Trouth given under c/ hands this -io'" Sept 1679 JAMES HILL dep'^
to the Duke of Albemarle.

TIMO BIGGS. Dep'>^ for the R' Hon'''"^ the
Earle of Craven

Note. — All blanks lorn away in the original documents.— W. N. S.

PATENT FROM GOV. HARVEY.

By Instructions received from his Excellency the palatine and the rest
of. the true and absolute Lords and proprietors of the province of Cai"-
olina dated att white hall the S*"" day of February 1678-9 Remaineing
upon Record in the Secretaries office in the County of Albemarle as doth
att large appeare, I John Harvey Govern' and Lords proprietors Dep'-^'
being required to passe grants according to the iform by them prescribed
to all persons who shall make the same appeare to us & desire the same,
y' they had pattents for Land from S"^ William Berkeley any time before
the 25''' day of Decem"^ 1663 With all imunities and priviledges therein
granted Bee it knowne unto all men that this 27*'' day of Novem" 1679.
Jn° Varnham esq"" made appeare to the governo'' and Lords Deputies A
pattent of Land conteineing Two hundred and ffifty acres granted by S'
Willm Berkley the 25"" day of Septem"" 1663. Remaineing upon record
in the Secretaries office above the patent hereunder granted as doth in full
appeare upon which I John Harvey Governo'' and the rest of the Right
hon"^ Lords proprieto''^ Deputies as afores'' have passed this following
grant. S" George Carteret Kn* & Baron" Vice Chamberlaine of his Maj"*'
household one of the Lords of his Ma*^'* most hon"^ privie Counsell, pal-
atine of Carolina, & y" rest of the true and absolute Lords & proprietors
of Carolina. To all persons to whom these presents shall come, Greeting
in our Lord God everlastinge, Know yee that wee the s'* Lords & abso-
lute proprietors according to our Instructions diited at White hall y° 5""

254 COLONIAL RECORDS.

day of ffebruai'v 1678-9 remaineing upon Record in the County of Albe-
marle in the provinee of Carolina, Doe hereby grant unto John Varnham
esq"' of the s*^ County -plantor, a plantacon couteiueing Two hundred and
ffifty acres of Land English measure, lying and being in the precinct of
Shaftsbury lying on the River of Albemarle, begininge att a marked Red
Oake on the River side by Rodger Williams his Land &■ running dovvne
the s*^ River to a marked pine, then Nor: Nor: East Three hinidred and
Twenty pole, then to the Miles end of Roger Williams his Land and soe
by his Trees South West to y' first station, the s*" Land being due
unto the s*" John Varnham by & for the ti'ansportacon of flive persons
into this Collony whose names arc in tlie Record mentioned under this
pattent To have and to hold the s** plantacon unto the s'^ Jn" Varnham
esq'' his heires and assignes for ever, witli priviledge of hawking, hunt-
ing ffishinge & ifowleing, with all woods & trees, w"" what else is there
standing, growing and being, w"" his due share of all Mines & Mineralls,
w"' all profetts, Comodities & hereditam'^ whatsoever belonging to y' s'*
Land Yieldinge and paying therefore unto us & our heirs & Successors
yearely every 29*'' day of Septem'' according to the Englisli account for
every ffifty Acres of Land hereby granted one shilling of lawfull English
money, or the value thereof, for every of the aboves** fHfty acres To bee
holden of us in fee & comon soccage provided always that if the s** Land
bee not seated w""in one yeare after y* date liereof Tliat then tliis pattent
to be void or else to stand in full force. Given at M" Geo : Durants
house under y' Scale of y^ Countie of Albemarle this 27* day of Novem'
being y" IG**" yeare of our possession of our province of Carolina Ano
DoiS 1679 Witnes Jn° Harvey esq'' p'"sid* and Comand"^ in chiefeof our s'*
C^onnty, and our trusty and Well beloved Councellors who have hereunto
sett their hands y" day & yeare aboves*^
M'' John Varnham 250 acres of Land

JOHN HARVEY
RICH* FFOSTER
JOHN WOLFENDEN JN° WILLOUGHBY

JOHN JENKINS
ANTH° SLOCOM
ROB* HOLDEN

COLONIAL RECORDS. 255

[B. P. R. O. Colonial Papers.]

AT THE COURT AT WHITEHALL THIS 19'" DAY OF
DECEMBER 1679

Present
The King'.s most Excellent Ma'^' in Council

Whereas it appears by the affidavit of Thomas Miller that the pet"
being by Comission from the Commissioners of his Maj*''" Customs ap-
pointed CVillector of His Ma'" Customs in Albemarle in Carolina, hec
had gotten into his custody sundry specialties and other effects of To-
bacco received to the quantity of 8 or 900 Hogsheads together with sun-
dry other European Goods seized as illegally imported to the value of
1200£ ster^ but that the premises were snatched out of the pet"' hands in
a Rebellion contrivet carryed on and headed by Richard Forster Jolin
Culpeper and several others and that the said John Culpeper assuming
the title of Collector of his Ma'^* Customs took the same into his custody
& embezzled great part thereof if not the whole and suffered vessells
illegally to trade and that the said John Culpeper being since come into
England is now upon his retiu'u back unto some of his Ma'" Plantations
in America It was thereupon Ordered by the Lords of his Ma'''" most
hon'''* Privy Council that the Commis" for executing the office of Lord
High Admii'al of England doe forthwith give directions to the Com-
mander in clieife of his INIa'-^" shi])S in the Downs f >rtliwith to cause strict
search to to bee made on board all shipps as well Men of M^arr as others
bound to Virginia or elsewhere for y* person of the said John Culpeper
and him to seize and send up in safe custod}' hither to answer to
the abovementioned crimes & t)tfences And it was further Ordered
that the Lords Commiss"* of his Ma'-''^ Treasury do foi'thwith give direc-
tions to the Commiss"" of his Ma'-*" Customs to give orders to the several!
officers in the Western Ports from whence any ships are bound to Vir-
ginia or other his Ma'^" American Plantations, strictly to search the said
ships or such as by accident may put in there for the said person of John
Culpeper and him to seize and send him up in safe custody hither to
answer to the abovementioned crimes and effects.

(Indorsed)
Copie of an Order for seizing M" Culpeper

256 COLONIAL RECORDS.

[B. P. R. O. CoLONFAL Papers.]

REPRESENTATION TO THE LORDS PROPRIETORS OF
CAROLINA CONCERNING THE REBELLION IN
THAT COUNTRY. TO BE MADE USE
OF IN FURTHER EXAM-
INATIONS.

It i.s humbly tnulivd tn the coiisideratiou of tlic most Illustrious aud
Rijjht Houorahle the Lords Proprietors of tlie Province of Carolina.

That the Rebellion of the Inhabitants of the County of Albemarle
was not aeeiilentall or casually arose from any present or sudden provo-
cation gixen, but rather tlie etfect of a more mature or deliberate contri-
vance, which I humbly conceive will so appeare to your Ijordships by
the ensuing particulars as here circumstanced, the mane substance whereof
can be clearly proved by the evidence of divers credible witnesses upon
oath before any person or persons, your Honors shall think fit to em-
power to take cognizance of tlie pi'eniisses.

Tliat the Principalis aud Heads of this Rebellion were not only
prompted thereunto by ambition and en\y oi- the private pekes and par-
ticular disgusts they had to tliosc (Jcntlcmcn vour H(mors thought fit to
entrust with tlic (Tovcrnmcnt, Itnt al-oc more esperiallv tliose personal!
and ])articular crimes they knew tiiemselves guiltv of and accountiible for
whenever a Governor should come.

That this was a deliberate design r,i' uu sudden growth may i)e proved l)v
their generall charge wherein all their former actions seem to have a naturall
tendency to this their last and horrid end, At first their severall times
disturbing the Courts, subverting the Government, dissolving Parlia-
ments, Their industrious lal)or to 1k' popular and ccmtinned making of
factions and |)arties. f«

Their poysoning the [»eoples eares, unsetling aud disijuieting their
minds, by diffusing and dropping abroad, by their Agents false and dan-
gerous Reports tending much to the indignity of your Honors aud re-
proach of your Government, and among divers otliers, that vour Honors
intended to raise the Quitrents tu two pence and from two pence to six
pence per acre. Now what they have done since is so notorious and
obvious to every eye, as the imprisoning your Lordships' Deputies, put-
ting the President who was likewise his Majesty's Collector into Irons,
their Generall arming on the first appearance of Gilham's shipp in Pas-

COLONIAT. RECORDS. 257

cotaiike River, their seizing and carrying away the Records, Lastly their
arrogating and assuming to themselves the supreme and sovereign power,
by first dissolving then erecting Courts of Judicature, convening Parlia-
ments without Writs, and as if they hail the sovereign and absolute
power they put out make New Officers not only in Courts and other pub-
lick servic&s of the Country, but even where The King is more imme-
diately concerned, turning out His Majesty's Collectors, putting in others,
(dearing and discharging Ships, but last of all their most horrid treason-
able and tyrannicall actings in erecting a Court for tryall of life and
death witliout the Ijords Deputies or C^nnniission of Oyer and Terminer
or any other colour or pretence of Authority, either from His sacred Maj'^
or your Lordships, and particularly in the cases of JNP Thomas Miller and
M"" Timothy Biggs.

But their speciall, particular and respective ciinies are here annexed to
their severall names here in the margin in the order following (viz')

Cap' Valentine Bird. He being appointed by the Country to be Col-
lector of His Majesty's Duty of the penny per pound, for all Tobacco not
exported forEngland, did without power from or the privity or consent of
either my Lord High Treasurar or his Majesty's Coromissioners of the
Customs suffer the New England Traders to load and carry away the
Tobacco of the Country without paying the said Duties, by whicli meanes
they are now run in arreare to His Majesty one hundred and fifty thou-
sand weight of Tobacco, and finding the hazard he liatl I'un in case an-
other Collector should be sent he with above one hundred more, most
whereof were Pastotankians, w liich after led the other Precincts into
Rebellion there, with him sul)scribing a Paper against the payment of
the said Duty, but after hearing by the report of Crawford that M''
Eastchurch was coming Governor and M'" Miller Collector, Bird and tlie
rest of the subscribers were the first that took amies and opposed Miller
at his first landing fearing they should be questioned for what they had
done so, as soone as ever Gilham arrived they again take armes and by their
Agents invite the other three Precincts to joyne ^vith them, and till the gen-
erall elaps of the Country they were only in this defection and Bii'd was
their Leader and drew the first swoixl, encouraged hereunto- by Captain
Zackery Gilham who supplied them with many fire arnies and other weap-
ons of War, came with some of his Seamen armed to Captain Craw-
ford's house, where the President and two otlier of the Deputies were
taken prisoners,

George Durant. hath several times before not only contemned but op-
posed the authority established by your Honors, and in the head of a
29 ' '

258 COLONIAL RECORDS.

Rebell rout by force subverted the Government turning out and placing
in whom he and they thought fit at pleasure, and openly threatning that,
if ever M'' Thomas Eastchurch came in Governor, he would turn Rebell.
And as if these were too small crimes, he hath viciated a Record of Court
by adding, razing and other wayes altering the verdict of a jury, and as
foreman giving it in contrary to what the whole Jury had returned upon
oath, particularly in case of M' Thomas Miller. And in fine hath all
along when at home beene one of the most violent, active and the most
outrageous of all the Conspirators and Insurrectors.

Capt. William Crawford hath formerly as well as now industriously
made it his business to be popular, make factions and then head them
and very subtily though clandestinely and undei-hand, will be found one
of the chief contrivers as well as acters in this Rebellion, but (besides)
his particular crime, in the imbezling and taking of the file of the Rec-
ords, a gratious grant of your Lordships to the Country. And having
formerly got the Records into his Custody, divers of them are since not
to be found: and this he did, as may be judged; (since he could make
no private advantage thereby) purposely t(j keep the people ignorant of
your Honors good intentions to this Country and might find fitter occa-
sions thereby to insence them against your Lordships and the govern-
ment.

Capt : John Willoughbv He is a person that runs himself into many
errors and premuniries through his extra-judiciall and arbitrary proceed-
ings in the Courts of Judicature, and for instance in the case of M'
Thomas Eastchurch, ^^•ho by reason of their tyranny and injustice to
himwards would have appealed to your Lordships, but was thus an-
swered by Willoughby That they were the Court of Courts and Jury of
Juries. He is a person that through a naturall habit of pride or ambi-
tion hath been alwaies imperious amongst his equals, courteous to his
inferiours, because factious and would be popular; stubborne and disobe-
dient to superiors, evidenced by his scornfull and jjeremptory refusing
obedience to the summons of the Palatine's Court and his beating the
sworn Officer that served the same : and for this and other scornes and
contempts put upon the Court, and continuing still obstinate, he was out-
lawed : The next Parliament approving of the proceedings against him,
set a fine on his head for his said contempt. And hereupon he disavowes
your Government by addressing his complaints to the Governor and Coun-
cill of Virginia, and notwithstanding the discountenance he met with
there, yet he returns not homewards till he heard the Country was up in
armes.

COLONIAL RECORDS. 259

Capt: Thomas Cullum frequently sells powder, shot and fire-armes, as
well to those Indian nations that are not as those that are in amity with
the English, expresly contrary to the Laws of all the English Provinces
which make it death to sell either to our enemies. And on notice given
to the Magistrates of A^irginia, Warrants were there issued out for ap-
prehending him, and if he had there been taken (although in another
Government) he must have stood a tryall for his Life for the same or
like fact there committed.

Lieut: Col: John Jenkins being some time made Governor by the ap-
pointment of Cartwright was after for severall misdemeanours displaced
and imprisoned; yet although never legaly discharged, raiseth a party of
riotous persons in armes, and these with some others vote him General-
issime, neither he ot they pretending to any other right or authority than
what he derived from this Rebell Rout, these turne out the Palatines
Court, dissolve the Assembly, place and displace whom he and they
pleased by an arbitrary power and force. But yet although Jenkins had
the title yet in fact Duraut governed and used Jenkins but as his prop-
erty, for of all the factious persons in the Country= he was the most active
and uncontrolable.

John Culpeper, a person that never is in his element but whilst fish-
ing in troubled waters, he was forced to fly from Ashley River for his
turbulent and factious carriage there. He both here and in New Eng-
land with some of the discontented Traders plotted there and underhand
here incouraged the hot headed people to this rash and ill-advised Rebel-
lion. Culpeper being their Secretary or Register and one of their Caball
or Grand Councill in matter of advise, this being the second disturbance
he hath made here, besides what he hath done in Ashley River, New
England and Virginia and therefore a man they much hearken to for his
experience sake.

Patrick White is one that with Willoughby applyed himself to the
Governor of Virginia, that beate M' Miller when he landed, and an act-
ive man in this Rebellion, and hath formerly been a disturber of the
Government.

Capt: James Blount, although one of the Great Councill or Assistant
to the Deputies is one of the chief persons amongst the Insurrectors,
and although I wrote to him, the speaker and rest of the Burgesses of
Chowan Precinct, yet when the Sheriffe or Chief Martiall came with my
letter and endeavoured to raise Posse Comitatis for keeping the peace and
securing of that your Lordships Country, he the said Blount with one
Captain John Vernham took the Martiall and his men Prisoners and
raised forces against the Government.

260 COLONIAL RECORDS.

Bonner aud Slocuui two other of the Bui'gesses joyne vvitli CnUum,
Bhmt and Vernham. So that all the five Burgesses of Chowan, although
contrary to their Oathes of Allegiance and Obedience, and to their pro-
ceedings in Parliament, are in this defection and by their bad example
have drawn in the Country people. There are besides these about eighty
or an hundred which may be ranked in a second Classe diifering no more
from the former than second rates from first. And all or most of these
have been guilty of former insurrections with some of their Leaders
above named, especially such as live in Pascotanke, viz' Lieutenant Wells,
Scares, Jennings, Ellis, Bonesby

and his two sons, Cotes, with divers others of the Precinct.

Now the rest of the people may rather be reputed newtrall, for if they
have complyed (as many of them have done) it is only through want of
Courage that they have sacrificed their faith to their fears, and for the
same reason will on the first ajipearance of a jiarty from your Honors
although but 60 t)r 70 men on pardon jjublislicd and examj)lary justice done
on the Ring-leaders who do overawe them, they will then gladly returne
to their duties, their necessities also constreighning them, for they cannot
subsist without planting of Corne and Tobacco, well knowing that M'ith-
out these two (having made them their sole dependence) they must perish
by hunger or want of cloathing, unless the Cheif leaders build Capers
and imploy them to rob the Merchants to supply their wants as they
come into the Capes of Virginia which is not above 20 or 30 leagues
from this Inlet ; and they are apt enough to tell them, that in respect of
the openness of the Road, shallowness of the Inlet, fastness of the Coun-
try, and by reason of the woods, swamps, rivers, creeks and runs, this
Country being no waies accessible by Land but to the northward from
Virginia, and that but by three pa.sses or avenues, by which meanes they
may possibly be persuaded they may be as safe from His Majesty's Frig-
ates as if they were in Sally.

I mention not this to discourage your Honors, Init do likewise assure
you that they are as inconsiderable, as rash and disobedient : the whole
number I do not say of men hut Tythables that is of working hands
consist of about 1400 persons, a tliird part whereof at least being Indians,
Negros and women will, the rest once being declared Rebells, quickly
desert them and come in in hope either of liberty or better usage. So
that in fine I can no way bring the number of Rebells that may be ex-
pected in armes to amount to 100 men, and these by reason of the sev-
eral rivers and creeks which run north and south, and divide the sever-
all Precincts, so that they cannot suddenly joyne. If therefore a Ship

COLONIAL RECORDS. 261

from England witli goods and servants which I am confident would an-
swer the charge, two or three Sloopes prest from Virginia, all man'd with
about (30 or 70 men divided into two })arties, one whereof might run up
to Chowan up the Sound in a night, and there I am sure they would
meet with many Loyall and lusty young men, who would immediately
joyne with them and on notice divers who fled to Virginia would return
for Pas(piimans, there were but 3 or 4 noted Rebells as Jenkins, Durant,
Shen*ell, (xreene, Pricklove and Lininton, most of the rest being Qua-
kers, who stand firme in their obedience although they will not fight, the
archest Rebells and greatest number being in Paccotanke. ^Vnd although
it is easy to reduce them either liy the way above pi'oposed t)r by those
soldiers as are yet l)ehind in Virginia or by Volunteers from thence, near
two hundred having promised M' Eastchurch to march in with him as
soone as he should obteine Licence from the Governor there, but his
death prevented his designe, the Governor assuring him by his messin-
gers that nothing should be wanting on his part wherein he might serve
him, they there and also in Maryland being exceeding sensible of the
dangerous consequences of this Rebellion, as that if they be not suddenly
subdued hundreds of idle debters, theeves, Xegros, Indians and English
servants \\'ill fly into them & from thence make Inroads and dayly In-
cursions, whence great mischief may follow which may better be foreseene
and prevented than after remedied, for considering the vast coast and wild
woods of the backside of Virginia they may come from Maryland & the
Wilderness between Virginia and Albemarle extending one hundred miles
without one Inhabitant they may and some already do go into them in
defiance of all the care the Governor and Magisti-ates there take for pre-
vention.

[Hening's Virginia Statutes at Large, Vol. 2, p. 445.]

AN ACT PROHIBITING THE IMPORTATION OF TO-
BACCOES INTO THIS COLONY.

For as much as the importation of tobaccoes into this colony from
Carolina and other parts without the capes, hath been found very preju-
dicial! to this country and the inhabitants thereof, and for prevention of
like mischiefe and inconveniency for the future. Be it enactetl by the gov-
ernour, conncell and burgesses of this present grand assembly, and the
authoritv thereof, and it is herebv enacted, that from and after the tenth

262 COLONIAL RECORDS.

day of October next, after this present session, noe tobaccoes packed in
casque or otherwayes shalbe brought from without the capes of Virginia
into this colony, either in boate, sloope, shipp or other vessell whatsoever,
to be landed on shoare, sold or shipt of in any ship or otlier vessell ride-
ing in this colony, except only by such persons as shall make it appeare
that they are inhabitants of Lower Norfolk county, and that the tobac-
coes by them brought round the capes, is of the growth of the said
county, upon penalty of forfeiting all such tobaccoes soe brought into
this colony contrary to the true intent and meaning of this act, the one
halfe of such tobaccoes so forfeited to be to the use of the Kings majes-
tic, and the other halfe to be equally divided between the informer and
the country.

1680.

[B. P. R. 0. Colonial Papers.]

COPY OF A PESENTMENT 9"' -JANUARY 1679 TOUCHING

IVU MILLER AND W CULPEPER OF ALBEMARLE

COUNTY IN CAROLINA.

Presentment 9"* January 1679
The Com" being informed, That John Culpeper an Inhabitant of Al-
bemarle County in Carolina had during the imprisonment of Thomas
Miller Collector of his Ma'' Customs in the said Plantacon rec** and
taken into his custody Fifty eight thousand three hundred and ninety
two Pounds of Tobacco upon the acco' of one penny ^ pound due and
payable by an Act of Parliam' made in the 25"' yeare of his Ma** Reigne,
They did in Novemb' last cause the said Culpeper to be arrested and
imprisoned at the suite of the King in an Acco' of Five hundred pounds
for the answering and making good to his Ma'^' the said Tobacco And
upon his Entring into bond with other security the 17"* of November
last in the penalty of Five Hundred Pounds to deliver the said Tobacco
to their Collector in Albemarle for the time being within one yeare from
the date thereof and jJroduce a Certificate thereof in a convenient time
after, since w* time the s** Thomas Miller having made his escape out of
prison arrived in this Kingdome and being now very ill hath caused this

COLONIAL RECORDS. 263

furtlier acco' to be produced before them wlierein the said Culpeper is
charged to have taken from him and his Deputves in Bonds and other
Specialtyes to tiie vahie of One Thousand two hundred forty two pound
Eight shillings and one penny sterling And the said Culpeper being
now againe in Custody by order of his Ma'^' in Councill They thought
fitt to present tlie said acco' to their I^o''" to be made use of as their Lo^"
shall thinke fitt for the further securing of the Kings debt

R. TEMPLE. C. CHEYNE

J. DOWNING H. MILLINGTON

J. UPTON
Ex"

Vera Copia,

[B. P. R. O. Colonial Papers.]

To the Kings most Excellent Ma'^ & the Right hon"" Lords of his Ma'^^'

most hon"" Privie Councell

The humble petition of John Culpeper Most humbly sheweth

That yo' Pef being upon his voyage to Virginia, & in the Downes was
fetched thence by an Order from yo"" Ma'^ & Councell at Complaint of
one M' Thomas Miller & is now in Custody of one of yo' Ma'^" Mes-
sengers and hath soe beene upwards of twenty days & In Consideration
the Complaint against him is very vexatious & malitious the Complain-
ant knowing yo' Petit'' to be far from his home and without Mony or
friends to help him to any

Yo' Petition"' therefore most humbly Prayes

That he may be presently discharged & noe longer detained In Regard
the ship yo'' Petif was going In is not yet gone as he knoweth of, yo''
Petition'' Beinger longer kept from his home & family will be his Totall
Ruin or otherwise That the said Miller may give good security for the
Payment of yo" Petif' charge & Damarges if Proved to be without Any
Cause & as In Duty Bound

Yo" Petition" shall Ever Pray
for yo'' Ma'^'^ Prosperity &c.

264 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

To the Right Hono"' the Con/' of his Ma'^ Tre""--^ the Humble Peticon
of Thomas Miller late Collector of the Ciistumes in Carolina
Sheweth,

That he was deputed Collector iu the yeare 167(3 & arrived there in
July 1677 & by the powers & Instructions given him by the Hon'''^ the
Com''' of his Ma*' Custoraes had reduced the matter relate! ng to his Ma''
Revenue of Customes there into a good order & method ct had secured
in goods & specialties to his Ma'"' use in liew of Customes to the value
of above SOOOi; sterling <t had taken care for a speedy freight to convey
the same for England, But was hindred by a great Tumult & Rebellion
that broke out in the Moneth of Decem' in the s'' yeare (77) in \v'''' John
Culpeper & Zachary Gillam & others were Ringleaders, Yo' Peticon'' be-
ing put in Irons & in a cruell S: barbarous manner shut up from all so-
ciety & Robbed of the Bookes specialties i)apei's cVr goods that Related to
his Ma*"' debts & Revenue as alsoe of all his oM'ue Bookes & goods of a
considerable value. That by the good Pi'ovidence of Almighty God
yo'' Peticon'' in this yeare 1679 made his escape and in December last
arrived in England where w"" his deputy wliome he broiigiit over with
him he is able to charge the said Culpeper <S: Gillam w"' the said mis-
carriages who are now botli in I^ngland wliei'cby lii^ Ma'^" just i]i\i.':^ may
be secured & the jiarties punished according to Law & Justice But y*
Peticon'' by reason of his goods being taken from him as aforesaid, and
his long unjust & cruell continement w"' the great charges of his Voyage,
and comeing to Ijondon from the Westei'iie j)arts of England where he
first landed is soe much impoverished that he hath not wherew"'all to
supply himselfe & his said Deputy in necessaries.

Yo'' Peticon'^ therefore does most lumiljly Implore yo' Lo*" to take his
sad condicou into yo' compassion & to direct the Com''' of the Customes
to examine the several! allegacons & proofes yo'' Peticon'' hath in the
p''misses that his Ma** duties may be secured And that Culpeper (who is
now- in custody by (jrder of the King in Councill) together with the
said Zachary Gillam may be examined & j)unished according to their
deserts for the said Misdemeanors Aud that yo'" Peticon"^ may have CV»un-
sell assigned him to manage his charge ag" the said persons before the
Councell Board & something allowed for him and his deputies present
Reliefe as yo'' Lo^' in yo" Wisdome & great equity shall thinke fitt, He
haveiug been a sutterer for his Zeale & faithfulness in his Ma" service.
And yo'' Peticon'^ shall pray &c

COLONIAL RECORDS.

265

[B. P. E. O. Colonial Papers.]

To the Hon"" the Comm''^ of his Ma'^' Customes. Thomas Miller yo""
Hoif' late Collecf in Albemarle County in Carolina most humbly ten-
dreth the following ace' of his Maj'^ Concernes in y* County & of how
miifch of them was taken out of his & his Deputies hands in the yeare
1677.

Imprimis in good lionds & other spetiallties & tobaceo rec'' p'te recov-
ered out of y' form'' Collecf M"" Birds hands & p''te in some bonds & to-
bacco I'ec* by myselfe and Deputy M'' Biggs in the upper partes of Al-
bemarle viz :
In tobacco as ^ the said Biggs his acco' will appeare tobacco.

amounting to 73837

and the residue in good bonds amounting to 89195

Sum: totallis 163068

2'^ In 2 bonds w"'' I had in ray Custody y" one of 500=£ ster-
ling from M" Birde the forni"^ Collect'' appointed- by y^
Country ^vho had suffred many Vessells to goe away w*-
out paieing y^ Kings duty or secureing itt to a farr great''
value then y* sum of y* said bond and y' oth'' from M''
Jno Willoughby of 200£ sterling who was I)ound for one
Jno Liscomb a New England Trad'' who w"'out paying y"
Kings dues went away w*'' a Ketch burden 70 tuns or
thereaboutes with Tobacco to Ne'\\' England in March £. s. d.
1675-76. both which bonds were forfeited mounting to... 700:00:00

3*^ Sundry seiz'^ of European goods as illegally imported &
of a vessel! called y^ Patience for bringing in p''te of them
made by me & my Dejouty M"^ Biggs & goods rec*^ in lew
of Tobacco for y^ Kings dues in y" Upp'" p'ts of Albe-
marle as by y'' said Biggs his acco' will further justly ap-
peare & y" rest by myselfe y" value in the totall amount-
ing to 242£8sld 242:8:01

Sum totall of money Sterl^ & seiz''" made in the upp"" p''ts of

Albemarle is £ 942:8:1

4* From y*" lower p'ts of Albemarle in bonds rec'' by my
Dep'^ M"" Hen : Hudson from one M" Fost" a form' dep'^

30

266 COLONIAL RECORDS.

Collect"' a bond taken by himselfe the totall j/ducte whereof

in Tobacco as by his Acco' will appeare is 410 Hogds which tobacco.

alloweing 400 pounds per hogshead amounts to 164000

5"^ Seiz" made of European goods as illegally imported by

my said deputy M' Hen : Hudson in y^ low' p'ts as ^ his £. s. d.

acco* will appeare amounts to 300£ sterl : — 300:00:00

To which add 942:8:01

Sum totall in money Sterl^ is 1242:8:01

Now in bonds for Tobacco & | ^^^^^^^^

Tobac^corec iny upp p ts >i63068w<^''inHogsh^^at400p'liogs'»is407.
of Albemarle amounts to J c x o

In bonds for Tobacco in the \ '*'

Low' p'ts of Albemarle ut V 1 64000 w* in Hogsh"' at 400 p' hogs* is 41 0.
supra amounts to j

Sum totallis 327068 w* ut supra at 400p' Hogs"" amounts to 817.

All y" p'misses vizt: 327068 or 817 hogsheads of Tobacco & y' s" sum
of 1242£ 8' 1*^ Sterling were really taken out of mine & my Deputyes
hands in y'' yeare 1677 as "^ their acco*' will appeare by reason of y^
late insurrection or rebellion w* broke out in y'= fores'* County in X*""
y' same yeare Contrived & carried on then & since alsoe by Rich* Foster
jno. Jenkins Ja Blunt Will"" Crawford Patt White Geo. Durant Jn"
Willowby Capt" Zach. Gillam Jno Culpeper w"' oth'" their Confederates
& New England Trad'' y^ said Gillam & Culpeper being two Principall
Act" & Abett'' therein one of them viz : j" said Culpeper assuminge the
title & office of his Maj'' Collect' by y^ incouraigement of y' said Gillam
& assistance of the rest tooke the same violently out of our hands &
management most cruelly imprisoning us thereupon and then disposed of
his Ma" concernes to his and their uses : And besides this reall damages
(in takeing y* p'mises out of our hands) doun to his Ma'^ in that year
1677 & for 2 years before, there is all most 3 cropps of tobacco w"** y' of
the fores* year 77. deducteing w' I had reed then in y^ Upp' p'tes & M'
Hudson was about to receive in y' low' p'tes both w"*" is about 140 hogs-
heads in y'' preceedent acco' w"*" is to be acco'able for his Ma'^' dues
amounting to 5860 Hogsheads or y" valew in lew thereof in mony sterl^ att
one penny ^ pound y' price current payable for every pownd of tobacco
thence exported except directly for England, Wales or Barwicke there
being annually made in y' place 2000 Hogsheads of Tobacco as by a

COLONIAL RECORDS. 267

letter from their Assembly bearing date Nov"' 1677 to y' Lords Propri-
ato" will appeare and not one y* we know of legally exported thence
according to the Lett'' of the Acts of Parlam'

THO: MILLER Collect'

HEN : HUDSON Deputy Collect'

Jur* Thomas Miller &
Henry Hudson that

the Contents here mentioned
are all true dated 21
January 1679

GEO: NICHOLAS.

[B: p. R. O. Colonial Papers.]

COM'^ OF THE CUSTOMS TO LDS OF TREASURY 22
JANUARY 1679-80.

May it please your Lord""

In obedience to your Lord^' Comauds signifyed to us by Mr. Guy on
the anex* Peticion of Thomas Miller late Collecto' of his Ma'"' Customes
in Albemarle Countye in Carolina Setting forth that he was deputed
Collecto' in the yeare 1676 and arrived there in July 1677 and by the
powers and Instructions given him by the Com'' of his Ma'' Customes
had reduced the matter relating to his INIa'' Revenue of Customes there into
a good order and method and had secured in goods and specialtyes to his
Ma*' use in lieu of Customes to the value of above Two thousand pounds
Sterling and had taken care for a speedy freight to convey the same for
England But was hindered by a great Tuaault and Rebellion that broke
out in the month of December 1677 in w"*" John Culpeper and Zechariah
Gillam & others were Ringleaders the Peticon' being put in Irons and
in a crucll and Barbarous manner shutt up from all Society & Robbed
of the Books Specialties Papers and goods that related to his Ma*' Debts
and Revenues as also of all his own bookes & goods to a considerable
value That by the good Providence of Almighty God the pet' in the
year 1679 made his escape and in December last arived in England where
with his Deputy whom he bro' over with him he is able to charge the said
Culpeper and Gillam with tlie said miscarriages who are now both in
England whereby his Ma*'" just dues may be secured and the Parties

268 COLONIAL RECOEDS.

pimislied accordiug to Law and Justice, But the peticoii'' by reason of
his goodes being taken from him as aforesaid & his long unjust and cruell
confinem' w"' the great charges of his voyage & coming to London from
the Western Parts of Enghmd Avhere he first landed in soe much im-
poverished That he hath not wherewithall to supply himselfe and his
Deputy in necessaries And humbly Praying your Lord^ to take his sad
Condition into your Compassion and to direct the Com" of his Ma*'
Customes to examine the severall Allegacons & Proofes the Pet" hath in
the Premisses That his Ma*^^ duties may be secured And that Cnlpeper
(who is now in Custody by Order of the King in Councill) together with
the said Zechar. Gillam may be examined and punished according to
their deserts for the said niisdemean''" And that the Peticon'' may have
Councill assigned him to manage the charge against the said persons be-
fore the Councill Board and something allowed for him and his Deputies
present reliefe as your Lo'"* in your wisdome and great equity shall think
fitt the Pet'' having been a sufferer for his Zeale and faithfulnesse in his
Ma**' service.

We do humbly report to yo' Lord'" that by your Presentment of the
9 Instant (copy whereof is hereuuto anexed) we layed before y'' Lord^"
the state of yo"" Peticon"'^ case And having examined the anexed Peticon
We do further humbly acquaint yo"' Lo^" That the Peticon'" was appointed
Collector of his Ma**^ Customes in the said Countye in the yeare 1676
And by the anexed accompt & the Affidavitts of the Peticon"^ and Henry
Hudson one of his Deputies It appears That in pursuance of the severall
Lawes relating to the Plantacon Trade and his Commission from us
grounded thereupon the Peticon"" and his Deputies had re'"' & taken into
their hands in bonds and other specialties to the value of Twelve Hundred
forty two Pounds eight shillings and one penny sterling & eight hundred
& seaventeen hhds of Tobacco & That John Cnlpeper menconed in the
Peticon by the encouragement of Zecha. Gillam l^eing two of the Prin-
cipall Contrivers & Promoters of the said Rebellion with the assistance
of severall other persons violently took the same out of the Peticon"" and
his Deputies hands & disposed thereof to his & their uses.

AVe do further humbly acquaint yo'" Loi'd^" that the Peticon"" & one of
his Deputies are now here in person to make proof against the said Gillam
& Cnlpeper for recovering his Ma*^ dues soe taken from them And we
are opinion that the King's Councill learned in the law may be advised
with in order tlierennto And the Peticon'' being as we conceive reduced to
great necessity and having not wherewithall for a present maintenance of
himselfe and Deputies much less to defi-ay the necessaiy charges of his

COLONIAL RECORDS. 269

& his Deputies attendance on the prosecution of the said Gillam & Cul-
peper We do humbly recommend him to yo'^ Lordf' favour for such an
Allowance as yo' Lord''' shall think fitt he having been a great Sufferer
in the King's service

All which is hunil)ly submitted to

Yo"" LordP° Consideracon

G. DOWNING.
JOHN UPTON. H. MILLINGTON. CH: CHEYNE.

Customhouse London.
22 January 1679.

[B. P. R. O. Colonial Papers.]

THE AFFIDAVIT OF JAMES SW ANSON OF LONDON
WHO DEPOSED SAITH

That in May 1676 this deponent being then in Albemarle did see M""
Thomas Miller then under a guard of soldiers a prisoner upon an accu-
sation of seditious or treasonable words (as report there went) for w"**
they were carrying him from thence into Virginia to be tryed by S'' Wm.
Berkely and his Councill and farther this deponent saith that in June
following he saw the s'* Miller at James Towne in Virginia severall days
after he was acquitted of y* s** accusation and in July following y* s*
Miller publiquely came on board the shipp Constant of London Capt.
Jacob Hayes Comand"' this deponent then belonging to y^ s** shipp and
after the said Miller had publiquely come on board and often as pub-
liquely went ashore, came home in y" s* shipp with us that voyage and
farther saith not.

JA SWANSON

Decimo tertio die Februarii
1679 jurat coram me

ROBERT CLAYTON IMavo"^

270 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

AT THE COURT AT WHITEHALL THE i'" OF FEBRU-
ARY 1679-80.

Present
The King's most excellent Majesty in Council]

Whereas a Complaint was this day made at y* Board of divers sedi-
tions practises lately carried on in the Province of Carolina against his
Maj'^^ Peace and Governmen' by John Cnlpeper and others. His Ma*^
is pleased to refer the examination of the whole matter unto the Lords of
the Comittee of Trade and Foreign Plantations who are to meet on Sat-
urday next at ten in the morning, And it is therefore farther Ordei'ed
that the Lords Proprietors of Carolina do then return to the said Com-
mittee an account of what has passed within the said Province in rela-
tion to the said Complaint and breach of Peace in that Government with
an authentiek Copy of their Charter, and that their Lo^"^ by themselves
or their Agents do attend the Committee at that time

PATENT FROM GOV. JENKINS.

By instructions rece^ from his Excellency the palatine and the rest of
the true & absolute Lords and proprietors of the province of Carolina
dated at White hall the S"" day of ifebruary 1678, remaining upon record
in the Secretaries office in the County of Albemarle as doth at larg
apeare ; I Jn° Jenkins governo" and Lords proprieto" dep'^* being required
to pass grants according to the form by them prescribed to all persons
who shall make the same aj^pear to us & and desire the same, that they
had patents for land from S"' Willm Berkeley any time before the 25"*
day of December 1663: with all imunities & priviledges therein granted.
Bee it known unto all men y' this S**" day of ffebruary 1679 Thomas
Relfe planter made apear to the governo" & Lords Dep''"' a patent of Land
containing seven hundred & ffifty acres granted by S"' Willm Berkley the
25* day of Septemb"^ 1663 remaining upon record in the Secretaries office
above, the pattent hereunder granted as doth in full apear upon which I
John Jenkins governo'' & the rest of the R' hono"^ Lords dep"*' as
aboves'^ have passed this following grant S'" George Carterett K' and
Barro* vice Chamberlaine of his Ma*'^^ household, one of the Lds of his

COLONIAL RECORDS. 271

Ma"'' most hon"' privie Councill & the rest of the true and absohite
Lords & proprietors of Carolina. To all persons to whom these presents
shall come Greeting in our Lord God everlasting. Know yee that wee
the s'' Lords and absolute proprietors according to our instructions dated
att Whitehall the S"" day of ffebruary 1678 remaining upon Record in
y' Countie of Albemarle in the provinc of Carolina, doe hereby grant
unto Jn° Jenings and Thomas Relf of the said Countie planters, A plan-
tacon containeing Seven hundred and ffifty acres of land English meas-
ure lying and being in the precinct of Carterett, lying on the South West
side of Craven River, begininge att a small marked Cypress att the
mouth of the Swamp & runing by Thomas Keele his Land into the
Woods South West & by West three hundred & twenty pole, then Nor :
West & by Nor: three hundred and Seventy ffive pole, then Nor: east
& by East to a marked Cypress in the Codd of a bay being on of M'
iforsons marked trees and so along the l^ay to the point of the River and
downe the s* River to the first station, the s'* land being due to them the
s* John Jenings & Thomas Relfe by and for the transportacon of flfifteen
persons into this Collony ; Whose Names are in the Records mentioned
under this pattent. To have & to hold the said plantacon unto the said
John Jenings & Thomas Relfe his heirs & assigns for ever, with privi-
ledges of hawking, hunting, ffishing & ifowling, With all Woods &
ti-ees. With what else is there standing and growing & being, w*'' their
due share of all mines & mineralls. With all profitts, Comodities &
hereditaments whatsoever belonging to the said Land. Yielding & pay-
ing unto us therefore ; and our heirs and successors yearely everv 29*
day of Septem"' according to the English account, for every ffifty acres
of land hereby granted one shilling of lawfull English money or the
value thereof for every of the afores* ffifty acres to bee holden of us in
fee and comon soccage. provided alh^'ays that if the s** land bee not seated
within one year after the date hereof that then this pattent to be void or
else to stand in full force. Given att M'' George Durants house under
the scale of the County of Albemarle this S"" day of ffebruary being the
16"' year of our possession of our provinc of Carolina Ano Domi 1679.
Witnes Jn° Jenkins esq'' Gov'' and Comand'' in cheife of our s'^ County,
and our trusty and \\elbeloved Councello''' wlio have hereunto sett their
hands the day & veare abovesaid.

JOHN JENKINS
RICH'^ FFOSTER
John Jenings & Tho: Relfe JN° WILLOUGHBY

750 acres of land. WILL"" CRAWFORD

JOHN WOLFENDEN ROB' HOLDEN

272 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

The affidavitt of Henry Hudson aged 54 yeares or therabouts saitli
That in July 1677 M' Thomas Miller arived in Albemarle in Caro-
lina w"' sundry Comissions and Instructions relateing to his Majesty and
the Lds Propriet" affaires whereof one was to be Collect" of y* Customes
their and after haveing by y^ advice and assistance of y^ then Counsell
there reduced y'^ Indians and y^ Governm' w* y" yeare before and then
alsoe lay in a tumultuous i-onfusion, lie setlcd his Majestyes affaires re-
lateing to y" Customes appointing officers for each River and amongst the
rest did depute tliis Deponent liis Deputy Collect' for collecting his Maj'^^
dutyes in tlie Lower Pts in pursuance of w*"** this deponent acted sometime
in y' affaire and had receaved in good bonds to y'^ quantity of 410 hhds
of Tobacco for his Majestyes use and about £300 stei* of Contrabanded
Goods seazed as illegally imported and soe for y'^ space of five months
things went on in quiet and peaceable manner as to the Gener" (though
some were factiously inclined untill X''" following upon y'^ arivall of one
Capt. Zach. Gillam of Ijond" tliat yeare the inhabitants then riseing up
in Amies thier broke out a more violent resurrection then heretofore
Even to an absolute subverting the wiiole autliority derived botli from y*
King and y' Ijds. Proprief^ scazing and imprisoning y'' said Miller and
the Lds. Prop'* Deputves and all others in autliority and office Yea and
all such of the Inhabitants alsoe as Mould not joyne w"' them they then
writt a seditious letter to the Lower Pts. to one M'' Rich. Foster to give
him an acco' what they had donn above w"* all requireing him to suTiions
y" Inhabitants below to cliuse l^urgesses for a new Assembly (as they
cald it) and to seaze this deponant prisson' all w"'' was donn and they
iiiett accordingly ; att M'liose meeting this depon' being then thier prisson'
was forced to be p'sent w*'* them though y' very day he was to receave
upon y° Kings acco' 100 h'^h''" of Tobacco for Customes of one Jo° Wil-
liams a New England Traider whome they suffered to depart without pay-
ing any duty at all, notwithstanding this depon' required assistance from
them and gave caution thereof to y^ s*^ Foster and y'' rest of y* Gang
thier mett who instead of choseing Burgesses, they by a shout of one and
all cryed out wee will have noe Lo'** noe Landgraves noe Cassiques we
renounce them all and fly to the King's protection soe downe went y"
Lords Propriet" for about halfe an owre untill y' said Foster tould them
that way would not doe, whereupon they cryed up y^ Lo*' againe and
went to chusing thier Burgesses as they cald them w"** Burgesses being

COLONIAL EECOEDS. 273

thus chosen had instructions from y" Rablo how they sliould j/ceed att
thier assembly w"'' was, first absoehitely to insist upon a free traid to
transi^ort thier tobacco where they pleased and how they pleased without
paying any duty to y" King ; Upon w* some of them cryed out God
dame y" Collecto" and this Depon* verily thought they would have mur-
thered him : the next thing was that they should bring y" said Miller to
a tryall for severall odious crymes they then contrived to tax him w^all
one espeacially for cheating the Country of L35,000 Sbs of Tobacco w*
was secured upon y" Kings aect)" by y' said Miller w''' as they said be-
longed to them and the w"'' if he liad not done they nev'' would have
troubled him about thier j/tended im])utation of treason or any thing
else they had framed against him as AVill : Craftoi-d one of y" Cheefe
Ringlead'' often told this Depon' while he was a prisson"" in his house
then they were to seaze all his Maj'^' Customes into y"' hands : these In-
structions being gi^■en the s* Foster w**" his Burgesses carryed this Dep'
a prisson"" along w* them to one Geoi-ge Durant's house w"'' was y^ ap-
pointed place for y" meeting and where y^ afores'' M"" Miller and y^ T^o'''
Deputyes and other Officers were prissoners and where they kept this
deponant und"^ a guard of thre files of soldiers takeing violently from
this Depon' all the Kings bonds acco*' and consarnes whatsoever from
him and after delivered them to Jo" Culpeper thier Colleef where y*
afores* Gillam was and countenancing them \vith his presence & fiirnish-
ing them w"' drink nor would he open store untill he see what \\'onld
be done about y^ Governm' and was alsoe p''scnt ^hen they created a
P'lement consisting of Tho. Collen, Speaker, James Blunt, Anthony
Slocum, Jo" Vernham, Henry Bonner, Jo" Jenkins, Sam. Pricklove,
Will" Therrill, Caleb Calloway, Alexander Lillington Will" Cra-
ford Vallantine Bird since dead Will"" Jenings, Tho. Jarvies Enoch
Billings Rich Sanders Patrick White & Will™ Sears who was
ther Drumm"' in all abont 18 of them this p'lement seperated five of
y*' Memb"^^ viz' Jo" Jenkins Will" Ciiiford, James Blunt, Patrick
White and Valantine Bird to joyne w*'' one M' Richard Foster thier
cheefe Judge to make a Court of, and then this Court impanelled a
Grand Jury out of y" souldiers and confused Rable, the foreman whereof
was one Mordecay Bowdon a 'New England Traider and one much in-
debted to y' King w"" foreman consulting w"" one Jo" Culpeper (thier Col-
lector afores* and cheefe scribe & c(junsellor) how he should bring in y*
Inditem* against y'' sd Miller the s* Culpeper told him he must Indosse
Billa vera whereupon this Jury went out and quickly returned againe
lint y' s* foreman instead of indossing Billa vera put downe Bill of Error
31

274 COLONIAL RECORDS.

whereupon the Court hjoking wishtly upon it as much amazed, the 8*
Culpeper snatcht it from tliem and told them it was only a mistake in
y° foreman, whereupon y* foreman p''sently replyed he had donn as y' s"^
Culpeper had bid him ; but however w^'out a second goeing out or more
adoe it was mended and soe passed for good the w""" manner of p^'ceed-
ings was not denyed but owned by Foster and others of y^ Court when
questioned by this Depon' about it Upon this the Sheritfe was to Im-
panell a petty Jury upon y' s** Miller y^ foreman whereof was one Joseph
Winslow another New England Traid"^ and one much indebted to y°
King for Custome w'^'' was donn and would certainly then have proceeded
to have taken away y^ said Miller's life as this Depon' had great cause to
beleave (for besides the many irreverent speeches against all authority
uttered by the rable) those that were upon this depon'' guard and of y*
said Miller's jury, this depon' often heard them vowe and sweare that
they would never depart thence untill they sawe y* said Miller dead or
alive und'' ground but y" comeing in of y* Govern''^ Proclamation prevented
it soe that they proceeded noe further in it att that time only consulted
how to dispose of his Maj'^* consarnes w"*" they had soe violently taken
from us to y^ payeing their soldiers and agents w"" all and to comitt y°
s* Miller prisson' in Irons as he was And this Depoiiant and y* rest of
y" King's officers and y" Lo^* Prop" Deputyes and some other of y^
Inhabitants Close prison""' apart w"'out the p'^vilege of pen inck or
paper or accesse of freudes or humane converse w"^ continued soe w*""
some of us almost y^ space of two years and to send a strong guard to
oppose y" Gov''_w'''' they did untill he dyed in Virginia w"*" was not long
aftier Soe things continued in this posture canyed on by those already
named especially there Court Members as principal Acto'' togeather with
one Jo° Willoughby and George Durant who weare thier Agents sent
home that yeare to cover all thier actions over in England that truth
might not come to light and furth"" at present your Dc^jon' saith not.

HEN: HUDSONE
Jurat 31 die Januar: 1679
coram

W MOUNTAGU

COLONIAL RECORDS. 275

[B. P. R. O. Colonial Papers.]

REPORT OF THE LORDS OF THE COUNCIL TO KING
CHARLES 2°^ 7 FEBRUARY 1679-80.

May it please Yo' Ma'^

In obedience to Y(/ Ma'^' Ortler of Councill of the 4*" instant, We
liave heard the Complaint of the Coiumiss"'' of yo'' Ma'^' Customes ag"
John Culpeper and being- attended by the Lords Proprietors of Carolina
we were fnlly satisfyed that the said John Cnlpeper had by divers sedi-
tious practises abetted and encouraged a Rebellion in that Province,
whereby seaven of the Lawfull Magistrates Deputies to the Lords Pro-
prietors were all imprison'd (the eighth of them only being drawn into
that Confederacy) And that the said John Culpeper by color & force of
that Rebellious Authority imprisoned the Collector of Yo' Ma*^' Cus-
tomes, and having seized into his own hands the Customs belonging unto
yo' Ma*^ did by a Proclamation in his owne name declare himself the
Lawfull Collector, embezeling and endamaging Yo"" Ma*^' Customes to a
considerable value. All which being proved upon oath before us the
said Culpeper acknowledges y' Fact & layes himself at Yo' Ma*^' feet for
Your Gracious Pardon. And in case Yo' Ma'^ shall think not fit to Extend
Yo' mercy towards him, he desires he may be tryed in Carolina where
the fact was committed But w'^all the Comm'^ of yo' Ma'^' Customs
humbly beseech yo'' Ma'^ that no favor may be shewed him unless he
make or procure satisfaction for the Customs seized and embezeled by
him which we are informed do amount to the value of about three thou-
sand pounds ster^.

All which &c
Councill chamber ANGLESEY

the 7'" of Feb: 1679-80 WORCESTER

LAUDERDALE
BRIDGWATER
L. HYDE

H. COVENTRY.

276 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

The Affidavitt of John Tayhjr who deposed saith'

That in Aprill 1678 this Deponent inett w'" M' Tim° Biggs in Lon-
don who upon some conference had w"' him told nie he lived in Albe-
marle in Carolina & from thence had then been forcd to break prison &
make his escape, hinisclfe & y" rest of y'' Lds Propriet" Deputyes & his
Ma*^° Custonie officers being there imprisoned particularly M'' Tho. Mil-
ler y' then Presid' & Commander in C-heifc und'' the Govern' (Tho. East-
church Esq' since deceased) for y" Lords Propriet" & alsoe Collect"" for his
Mat^ was clapt in irons & in shorte y° whole Gover°ment (w'''' had been
near 5 monthes settled in good ord'' by y° said Miller & Councell)
ov'throwne by a Rebellion w"^' in Decend/ 1677 upon y° arrivall of Capt.
Zach Gillam from London broak oiit wherein after y' publique Records
first seized suudr}- lockes broak open in y' action all in authority or office
were dejiosed seized & imprisoned & y*" s'^ Rebellion contrived promoted
& carried on by y" s* Gillam who was the first man that ajjpeared in armes
& w"" y^ maj' parte of his rude sailers on y^ shore & alsoe drew his sword
at y* s*^ Biggs y" Earle of Cravens Deputy together w"" Jno. Culpeper,
Rich. Foster, Jno. Jenkins, Ja. Blunt, Wm. Crawford, Patt White, Geo.
Durant, Geo. Willoughby w"' sev'all others their Confederates & New
England Trad'^ w"'' Culpeper assuming y" title of his Ma'^' Collect' by
meanes and assistance of ye s* Gillam & y^ rest of their accomplices tooke
his Ma'y' concernes violently out of y' s* Millers & his dep*^' hands w"*"
were to a cousid'able value & for w"^ he y^ s'^ Biggs told me y' M' Miller
liad taken great care for freight for its transportation thence for England
according to ord' And this Depon' further saith he was an ear witness to
y" information w"'' y" s*" Biggs made in relation to y^ premises in his Pe-
titions both to y^ Propriet" & to y° Lord Treasurer when he was in Eng-
land in y'' yeare albres'' & alsoe y* y" s'' Biggs was ordered by y' s* Ld.
Treasurer to make affidavitt thereof & petition y° Kings Counsell w"*" y°
s* Biggs was then intended to doe but in y^ Intrim y° Propriet" (sende-
ing away Seth Sothell Esq' who had purchased a Propriety to be Gov'n')
they commanded M' Biggs to desist and : now the s'^ Sothell being taken
by y° Turkes is y^ cause y' things to this day remain allmost in the same
confusion as before.

And this depon' saith further he went to Albemarle in Carolina w**" y'
s* Biggs & in Fel)'^ 1678-9 we both arrived at y' s"* Biggs his house there
& soone after o' arrivall y° Rebellious Rabble mett att y' i'ovitti^ Durants
house y* usuall place of there Randezvonse & y* fii-st salutation y' M'

COLONIAL RECORDS. 277

Biggs had from them (iiotwithstaiidiug his former deelarations for peace
& qiuetnes,s) was a ~i§3emptory warrant to summon him before them
chargeing him to bring w"" him all papers both private & publique w"*"
he had brought w"* him from England and to answer such matters as they
had to objecte against him w"^ s^ warrant I both saw & read whereupon
M'' Biggs asked this deponents advice w' to doe who told him y' as he
was y° Earle of Cravens Representatives & Compt'' & 8ur\ey'' Gen^all of
his Maj'' Cii.stomes y* best way was to goe up to tiiem & puljlish his Com-
missions & y° s"* Biggs did goe to them & publish y" same & this depon'
went w*'' him, where he saw all y" afores"* Ringlead'^' (Willoughbie &
White onely excepted) Capt" Zack. Gillam being there also who seemed
to carry y" greatest sway & superintendency ov'' them, but coidd not per-
ceive this lair proceeding of M'' Biggs took my effects w"' them they be-
ing as resolute as before, then M'' l^iggs put a paper up att y" Court doore
signifieing y' he being y" onely officer for y" King that was arrived in y'
Country afoi-es** he would offitiate in y^ Kings affaires w"*" paper I saw &
John Culpeper puld itt downe & s(jone after putt up another signed by
himselfe as Collecf chargeing all "^sons to take iioe Cognizance (as to y*
Customes) of M"' Biggs w"*" paper is to be p""duced, neither would y" s*
Culpeper give y^ s"* Biggs any acco' of y^ Kings concernes in his hands
w"*' to my certaine knowledge Biggs demanded accordingly as he was
directed by his instructions li'om y^ Comm" of y" Customes, but Cul-
peper told him he valued not his Commission or Instructions exepte
he would joyne w'h them saing likewise the Country had impowred him
& he would keep w* tobacco he had of the Kings in his hands & dispose
of itt as he thought fitt absolutely refuseing to give him any acco" at all
and more over the said Culpeper did threaten if M"" Biggs made size''s
for y" King or meddled w"" his Tobacco he would have him secured and
clapt up againe & soe did all y" afjres'' Gang threaten the said Biggs to
reimprison him or do him a mischeife either on board or on shore if he
acted w"'out them w'^'" insolent threats & surly behaviour of them caused
the said Biggs w"" y'' helpe of his family & myne assistance alsoe w""" he
had desyred to be upon our guard night and day for fear of being sett
upon by them & when we went to sleep to have our gunns ready charged
by us least wee should be surprised in this miserable condition we lived
till y" s'^ Biggs was forced (for his owne saifty) to quitt his home & goe
into Virginia where this deponent lefte him & came for England.

JNO TAYLOR
Jur' 31 die Januar 1679
coram

W" MOUNTAGU

278 COLONIAL RECORDS.

[B. P. R. O. Colonial Papers.]

AFFIDAVIT OF THOS. MILLER CONCERNING THE
REBELLION OF CAROLINA

The affidavit of Tho. Miller aged 31 year.s or thereabouts saith — That
in or about the middle of July 1677 liee arrived in Albemarle County in
Cart>lina with Sundry Commissions Instructions & other Instruments ot
writing from the Right Hon"* the I^ords Prop" of the s** Province under
their Lor'" handes & seales for this deponent to be Register (w"'' then was
in y* stead of Secretary) of that County aforesaid and also to personate
one of their Lor""' in Councill there and other Coinissions and Instru-
ments of writing from the then Gov" vid. Thorn. Eastchurch Esq' for
this deponent to preside in Councill & to bee Comand"' of y" military
forces of s* County afores* during his y° s"* Gov''^ absence and also a
Comission from the hon"" y" Comiss'^ of his Majestyes Customes for this
deponent to bee Collecto'' there with sundry Instructions to act by. In
pursuance whereof, after having (by y' advice of the then Councill there)
setled the Lords Prop" affaires relating to their governm' reduced the
Indians, who the year before (as was manifested to y" deponent) vid. in
76 had comitted sundry murders and depredations upon some of the in-
habitants) and had brought y' people, who in y^ s*^ year of 76 (as did ap-
pear to y^ deponent) and then also were in a miserable confusion by rea-
son of Sundry factions amongst them to a reasonable good conformity to
his Majestyes and the Lor**' Prop'' Laws and authority and (as y" seemed)
to the generall satisfaction of y^ inhabitants. The deponent then setled
his Majestyes affaires in reference to y" Customes and for the better man-
aging and collecting the same had appointed deputyes and other sub offi-
cers in each precynct, And had together with his s** Deputyes gotten into
their hands (for his Maj'^'^' use) from y* former CoUecto' appointed by
the Country and part received themselfes as much of the Kings Concerns
in bonds for tobbacco and toljbacco received as amounted in y* whole to
327068 pounds w"'' in hogsheads allowing 400 pounds to one hogshead
comes to about 817 hogsheads as by account will appear and in sundry
other bonds for money, as also in severall seizures of European goods
judged illegally imported and of a vessell called the Patience for import-
ing some of y^ s'^ goods made by him and his deputy and in goods re-
ceived in lieu of tobbacco for the Kings Customes as amounted to the
value of 1242£ 18s Old sterling as by account will also appear the pro-

COLONIAL RECORDS. 279

duct and effect whereof (his salary excepted) hee had taken care for trans-
portation that very year according to the hon''"" the Coiniss'^" of the Cus-
toms Orders as will partly appear by M"' Henry Hudson and M"^ Tyn\o-
thy Biggs, but was hindred therefrom by reason of an Insurrection and
(as y" deponent humbly conceives) a rebellion which violently broke out
in y' Country lO"'"' 77 and hath to this day continued without any eftectuall
restraint and suppression, notwitlistanding all the endeav"'' of v^ Lor'^'
Prop" in comissionating & appointing Seth Sothel Esq'' to be Gov"" and to
reduce the same w'"" was contrived and carried on then and since by
Ricfhard Foster John Jenkins George Durant John Willoughby Wm.
Craford Patricke White James Blunt Capt. Zach. Gillam John Culpeper
with other tlieir Ccjutederates and New P^ngland traders w"*" Culpeper
(by y'= encouragement and aid of y' s"" Gillam and the rest of their ad-
herents) assuming the like and office of his Maj'^'' Collecto'^ violently
seized the premises out of his and his deputyes hands, most cruelling
imprisoning th(?m and disposed of the King concerns according to their
own will and pleasure overthrowing the governm* imprisoning all or
most in antliority & office besides and comitting sundry other outrages
upon all other the inhabitants that would not joyne with y" in these ex-
orbitancyes committed in this Insurrection w°'' was begun and carried on
afler this manner following Upon the 4"" day of lO'*'' 1677 and 3 dayes
after Capt. Zach. Gillam's arrivall there a parcel! of men to v^ niuuber
of 30 or 40 of the precinct of Pasquotank in y" afores"* County being set
on by the fores'* Culpeper Crafoi-d and encouraged by ye example (w* 2
of y' Lor"*^ Prop''" Deputyes c-omplayned of to this Deponent) as well as
assistance witli amies of y'^ s'' Gillam and headed by one Valentine Bird
and Edward Wells did without making any add resse complaint or infor-
mation to the deponent oi- any else in authority and without any lawfull
warrant or order with force and ai-ms vid. swords guns and pistolls vio-
lently rush into the Inmse where the deponent and 2 more of the Lo'"'*'
Prop" Deputyes were present and seized us as their prisoners and then
went to searching over the pnblique records and other of the deponents
writings w"'' the s* party luul brought witli them having y'' day before
violently entred one M' Tymothy Biggs liis house and there breaking
open sundry the deponents locks seized the said Records and whatever
other of y*" deponents writings were }•" to bee found, having also in this
action sent abroad up and do^vn y* Country their seditious libells drawn
by y* s'' Culpeper to put all in a flame and on y" s"* 4"' of 10'"''" a little
after y' deponent and y' other 2 Deputyes afbres* were seized their pris-
on" some of y" ringleaders vid. Bird Craford A^'ells & others went on

280 COLONIAL RECOEDS.

Ijoard y" s* Gillam's shipp (w°'' in all these confusions rid with Jack En-
sign Flag and Pcnon flying while wee were prison"^ at Pasquotanck)
where on board there was y" s* Gillam the afores* Cnlpeper and Durant
and after about one houres or thereaboutes staying on board they came
aslioar again with fresh new Curtleaxes for y^selves and many of the rest
of their gang and then altering their first pretences they searched the
deponents and his deputy M"" Biggs pockets and took away all our pub-
lique and private writings and pocket books w'*" they found about us and
then y° s'' Cnlpeper writt another seditious letter w"*" the deponent saw
and w"** was signed by y' afores** Bird and Craford directed to y"
afores* M"' Foster in y" Ijower Precinct of y^ County called Corrituck
giving him account of what they had done and how they succeeded
and with all requiring or directing him there to seize Henry Hudson my
deputy Collecf for y' precinct and all papers about him relating to y'
Kings affaires and to bring him prison"" with him and his Company at
y* Generall Meeting which they jjroposed to bee at y* fores'* George Du-
rant's house and about 2 days after tiie said Cnlpeper went up into y"
L^pper parts of the County called Chowan (as was given out by himselfe
and the rabble) where the like disturbance was begun and more violently
agitated by the s** Culpepei' and where they had seized the Marshall of
the County with all his papers relating to his Maj*-'^ and I^o'''*^ Prop""'
aftaires and then aftei- that the s'' Cnlpeper returne^l and in his return
seized y" deponents Clerk a jirisoner and a little after the s** Culpepers
return there followed a party of men in arms from that precinct of
(Chowan bringing y' s** Marshall with v'" a prisoner tlicir main guard then
at y" f )res'' Craford's house w"'' was forced in at I'ascotank tlicn (after
some 14 oi- 15 dayes keeping the de])onent & y" other Lords deputys
(which they had taken close prisoners) the said Craford vowing and
swearing that if any came to oppose them or relieve us y' tiiev would
stand by each other to y* last dropp of blood and that if any dyed to bee
sure wee that were their prison" to dy first. They carried this deponent
and their other prison" round by water in hostile manner to y^ fores'* Du-
rant's house and there in the middle of a guard of 60 or 70 men in arms
kept us close from all humane converse or accesse of friends neither
woidd they adiiiitt us the speech of one another The next day after our
Ijeing brought to Durant's as afores'* they sent a party of soldiers headed
by the afi)res'* ]\P Bird to search for the dejjonent's box wherein was all
his Comissions Instructions his Maj*-"^^ printed Proclamations and letf
and all other bills i>onds accounts and other papers relating to the
King's the Ix)rd* Prfip""' the firmer Gov'"' and this deponent together

COLONIAL RECORDS. 281

with the Lords^ great seal of y° County and many other books and things
of value w"*" box the s"" party soon found (though liid in a tobbacco hogs-
head) and carried it to y° s* Durants house where in presence of y° said
Culjjeper Craford Durant and y^ rest of y*^ Ringleaders then met, it was
broken open and all things therein contained Hauocked at y'' pleasure as
y® deponent saw openly and then afterwards on the very same day, by
the instigation of the said Culjjeper (who ^vas the eheife scribe that writt
y° paper or accusation) Craford, Bird, Durant, & others, they did cause
y* depon* by beat of Drum and a shout of one and all of y^ rabble to
bee accused of blasphemy, treason and other crimes, and so upon a shout
of one and all of y^ s'' rabble, was the deponent ordered to bee clapt in
Irons w"'' was accordingly done then were the stocks and pillory over-
turned and throwne into the river by this rabble part of y" deponents
magazine and estate in whatever specie wherever to bee found, Havocked
at y'' pleasure and the rabble being still influenced by y* s'' Culpeper, Craf-
ord, Durant, Jenkins &c (the fores'* Gillam being alsoe there countenancing
this rout with his drink & presence) tliey upbraided his Maj'^^ proclamations
and L'*^ Prop''' authority, and there Lordshipps much threatened also by the
s** Culpeper, Durant, Craford especially the said Craford said (which this
deponent heard with his owne ears) that if y* Gov"" came among them
there or the Lords either, they would serve tliem y" same sauce or words
to that purpose and at tliis stand tlie ral)ble stood (onely still sending out
scouts and partyes, either to threaten, seize, disarm imprison or chase out
of j" Country all in authority or office or any else that \vould not Joyn
with y"') till about 4 or 5 days after up came y^ afores'' Foster with his
party from y" Lower precinct called Carituck bringing with them as y''
prisoner the afores* M'' Henry Hudson Dep'^ Collecto'' for his Maj'^"
there, upon whose coming they suddenly elected a parliament out of this
medley as a confused rabble (making their drumer one of y° burgesses)
consisting of about 18 persons, this parliam' seperated 5 of y* members
vid : the fors* Jenkins, Blunt, Craford, White and Bird (since deceased)
to Joyne with y^ afbrs* Foster to make up one Juncto or Court and this
Court so called took upon y™ Jndiciall authority and sate as y° supream
Court upon 2 of y'' L*' Prop''^ deputyes vid : Cap* Tymothy Biggs dep-
uty for y" right hon'''''^ the Earle of Craven, whom they accused of mur-
der and M"" John Nixon Deputy to S" Peter Colleton M'hom the}- also
accused of treason and then brought y'' dejjonent before y™ in Irons pull-
ing of his hat and then upon him impanelled a Jury (as they called it)
out of this rabble, the foreman whereof was one Mordslay Bouden a New
England trader and one much indebted to his Majesty the rest scarce 4 of
32

282 COLONIAL RECORDS.

them could read or write and this Jury without any law or statute with
y° were sent out with such articles and Inditements as John Culpeper
their Cheif Councillour and scribe and George Durant their Atturney
generall had contrived ag'' y' deponent w"*" Jury quickly returned again
with what y* s* Culpeper had ordered him to do as y' foreman openly
blurted out in their Court and upon this they ordered their sheriffe to
impaunell a petty Jury, who being stark drunk as y" deponent himself
saw went about sumoning of y'" hee intended should have been y° Jurors
on y° deponents life wlio were both scandalous infamous and illiterate
persons and were resolved y° (as y* deponent conceives) to have taken
away his life for little else could y* deponent hear from y" but tlie threats
vows and bloody oathes of stabbing hanging, pistolling or poysoning
but notwithstanding all this was then prevented by y° coming in of y^
Govern" proclamation, which hee from Virginia (being there arrived
some 8 or 9 dayes before) at y^ very nick of tyme sent in, although it was
by y' s** Culpeper corruptly abbreviated and transcribed and so by him
published to the rabble the originall (w"" was under y' s* Gov'' hand
and scale) not suffered to bee seen or published to the Inhabitants and
then they took order and sent a guard of y* soldiers to oppose the Gov"'
coming in and to dispose of y^ Kings Concernes making y' s"*
Culpeper Collect' and to comitt the deponent close prisoner in Irons
as hee was and y^ rest '^ y" authority also prison'' to sev-
erall places apart the fbrs* Court and Parliam' broke of for y* tyme
and went to their homes and thereupon immediately as some were going
■ in their way they were highly entertained by y' s* Gillam on board his
shipp y^ s* Gillam very joyfully fireing of severall great guns to accom-
modate the frolick amongst y' rest y" deponent saw y* s*^ Foster, Craford,
Culpeper with y' s** Gillam in a boat together going on board y'' s* Gillam's
shipp and suddaenly after this y' s* Gillam (\A'hen hee saw what was done
about y^ govern') opened store and traded with y' Insurrecto" chiefly and
further y* deponent saith that y' Gov' afores"* was kept out till hee dyed in
Virginia w* was about 4 or 5 weeks after, upon whose death y' s* Insurrect"
called y" parliament again but now to bee held at one Jenkins his house
where was present also Capt. Zach. Gillam among y"" together with y*^ s''
Culpeper George Durant, John Willoughby, Richard Foster, James
Blunt, Wm. Craford and the rest where (as it after appeared by y" mani-
festation of their actions) it was by y" decreed, to build a Loghouse 10
or 11 foot square to inclose y' deponent and to keep him from pen, ink
and paper and all accesse of friendes and then to supervise y' Records
and the deponents papers w""" they had in custody embezeling w' they

COLONIAL RECORDS. 283

pleased of y™ and then to send 2 Agents as they called y™ to England
and one forthw"" by reason Capt. Tym. Biggs, Deputy for the Earle of
Craven had made an escape for England w°'' agent (as y® s'' Craford and
others informed y° deponent) was credited by y" s"* Capt. Gil lam with
money by bills of exchange to carry on y** businesse till hee came home
w**" George Durant the other Agent whom hee then carryed with him and
in y° mean tyme to put y' Country in a military posture to oppose all
till y* return of y" agents afores'* and thus affaires have been carryed on
to y* great damage of his Maj'^ y" Lords Prop''^ and sundry of his Ma-
jestyes Leige subjects both there and in y° neighbouring Plantations by
reason sunday fugitives have been entertained among the Albemarle In-
surrectors &c. And further saith not.

THO: MILLER

1679-80
Jur : 3L die Januar 1679
coram

W MOUNTAGU.

[B. p. R O. Col: Ent: Book. No. 20. p. 140.]

Whitohall 8"^ February 1679.
Wee had comissioned M"" Seth Sothell to be Governor of our County
of Albamarle and did not doubt but by his prudence he would have
remydied the disorders that have been amongst you and established such
quiet and good Government that men of Estates might have been
incouraged to come to you and adventure their estates there whereby
trade would have been increased and you plentifully suplyed with all
things but he being taken by the Turkes and carried into Argier, that
you might not be without Government Wee have thought fitt that M''
John Harvey should be president of the Councill and execute the author-
ity of the Governor untill the arrivall of M"" .Sothell with you, or that
wee shall otherwise direct herewith wee send you our Instructions our
temporary Laws and fundamental! Constitutions which are to be your
guide in the Government of our said County and wee hope that your
owne Interest as well as our Injunctions will induce you to use your
utmost endeavours to settle order and quiet amongst you without which
you can never ex^jcct an increase of strength or trade which considera-
tions wee liope will so farr prevail that wee shall not be constrained to

284 COLONIAL RECORDS.

use force to reduce the seditious to reason the good and welfare of all
the Inhabitants of our province being what wee most desire and not the
taking away any mans life and Estate.

To the Governor and Councell of the

Coimty of Albamarle in the Province

of Carolina.

[B. P. K. O. Colonial Entry Bk. No. 106. p. 118.]

AT THE COMMITTEE OF TRADE & PLANTATIONS AT
THE COUNCIL CHAMBER AT WHITEHALL SAT-
URDAY THE 8'" OF FEB'y 1679 (-80)

Present
Prince Rupert Earl of Bath

Lord Privy Seale Earl of Sunderland

Duke of Albemarle Earl of Essex

Marq. of Worcester M' Hyde

Earlc of Bridgewater M' Sec^ Coventry

M"" Seymour.
In pursuance of an Order of the 4"" inst appointing the Committee to
examine the business of the late Rebellion in Carolina and the seizure of
his Maj'^' Customes by John Culpeper and others, the Lords Prop" of
that Province are called in, viz: the Earl of Shaftesbury, Earl of Craven
and S' Peter Colleton, Whereupon the Earl of Shaftesbury assured the
Committee that speedy care should be taken to furnish their Lo^^ with a
copie of tlieir Patent and an Answer to their Lo'''' Circular letter and In-
quiries transmitted to them .sometime past.

After whii-h entering into the matter of the Rebellion his Lo'' informs
the Committee that about tiie year l(j77 the Proprietors sent over one
Eastchurch to bee their Gov' of Albemarle County who staying some
time at Antego deputed M"" Miller (who was besides Collector of the
King's Customes and his Lo'''' Deputy) to goe and settle the Country
after whose arrival the Reljellion broke out. That Miller is no Sectary
but given to drink, and tiiat the accusation of High Treason was brought
against him spightfuUy and out of malice That upon his arrivall hee
undertook to modell the Parliament there which gave the peojjle occasion
to oppose and imin-ison him Whereupon M"' Durant Capt Guillam and

COLONIAL RECORDS. 285

Culpeper agreed together to defraud the King of his Customes. The
Proprietors doe further promise to send the Committee a particular Nar-
rative of the Rebellion.

S' Richard Temple one of y° Comm'= of the Customs attends and de-
clares that Culpeper had noe authority to seize the King's customs,
Whereupon an account of the Customs seized by Culpeper is read which
M' Miller had delivered upon oath to the Commiss'' of the Customs
amounting to £1242 8' 1"* and 81^7 Hogsheads to which Culpeper replies
that there was a lawful Assembly set up by whose authority hee did act,
and that the people of Carolina agreed upon him as their Collector after
the imprisonment of M' Miller as a Collector had been appointed by the
Country in Virginia after the death of Mr. Bland.

The Lords Proprietors acquaint the C*ommittee that the authority
which constituted Culpeper Collector in the place of Miller was rebellion
Whereupon M' INIiller produces a paper written with Culpeper's own
hand forbidding all persons to meddle with the Customs besides himself
which hee had posted up upon reading whereof Culpeper says it was his
Proclamation and excepts against the testimony of M' Miller as being
Traitors against the King.

M' Hudson, M'' Summers and M' Tayler being sworn depose that
Culpeper did abett the Rebellion and incite the people against the King
and the Proprietors and that all the Proprietors Deputys were imprisoned
Ijy the Rebells except Foster who joyned with them.

After the examination of y" witnesses Culpeper desires hee may bee
tryed in Carolina, and if that may not bee granted him hee acknowl-
edges the fact and begs His Maj*^' pardon which hee hopes hee may the
more deserve since at his first arrival in England, hee waited on the Com-
missioners of the Customs and gave them a true account of the King's
customs in Carolina and promised to make payment of them.

The Lords Pi-oprietors inform the Committee that the C!ountry is now
quieted and propose that the persons that were guilty of seizing and dis-
turbing the King's Customs may bee obliged to reimburse the King and
not the whole C(»untry by a Tax to bee laid on tliem.

And the CJonunissioners recommend to the Committee that Culpeper
may not bee pardoned till the King bee satisfyed for his Customs.

The Lords direct C\vpt. Gilliam who is accused by M' Miller and others
to have had a hand in the Rebellion to attend on Munday next in order
to his examination.

286 COLONIAL RECOKDS.

[B. P. R. O. Colonial Papers.]

SIR P. COLLETON TO M"" BLATHWAIT 9 FEBRUARY

1679-80.

8%

The bearer hereof will give you a Narrative of the passages of Albe-
marle as they have apeared to the Proprietors by letters & inf(jrraatIons
of '^sons come from thence with which I should have waited on you
myselfe but that I am so extreamely ill of the gout that I am not able to
stand w"*" I ho])e will excuse

Yo"^ humble servant

P COLLETON
this 9* of

February 1679

[B. P. R. O. Colonial Papers.]

THE CASE BETWEEN THOMAS MILLER COLLECTO' OF
HIS MAJ'= CUSTOMES & CAPT. ZACHARIAH GILHAM
CULPEPER DURANT CRAFORD & OTHERS
PRINCIPAL AUTORS & ACTORS IN Y«
LATE COMOTION AND DISTURB-
ANCES THAT WERE IN THE
NORTHERN PART OF THE
PROVINCE OF
CAROLINA

M' Cartwright (who was related to M"" Vice Chamberlaine one of y*
Proprietors) being Govern'' of y° Northern part of Carolina & being re-
turn'* for England & having left y* Governm* there in ill order & worse
hands the Propriet" resolved to send another Govern' & such a one if
they could be fortunate in their choyce as would put in execution their
Instructions ord"'^ & designes The form' Govern' having very much failed
them especially in 2 poynts — The first was the incouraging of the New
England Trade there — The 2* was their discouraging the planting on the
south side of the river Albemarle. The latter was extreamely the inter-
est of the Proprieto" but crost allwayes by y* Govern'^ & some of y®

COLONIAL RECORDS. 287

cheife of y° Country who had ingrosit y^ Indian trade to themselves &
feared that it would be intercepted by those that should plant farther
amongst them. The illness of y' harbours was the cause that this North-
ern p"' of Carolina had no other vent for their Comodityes but either
by Virginia whei'e they paid dutyes to y*' Governm* or to New England
who were the onely imediate Traders w* them; And ventur'd in, in
small Vessells & had soe raanadg'd their affayres that they brought their
goods att very lowe rates, eate out & ruln'd y'^ place, defrauded y*^ King
of his Customes & yet gcjveru** the people ag* their t)wne Interest, to cure
those evills the Prop" made elioyce of one M' Eastehurch to be their
Govern"^ a Gent" of a good fame & related to the Lord Trea'' Clifford
who had recommended him to y" Prop" formerly for that place & had y"
promise of severall of us. In Summer 1677 we dispatched away the s'*
M'' Eastehurch together with M"' Miller who was y° K*^ officer and made
by us one of our Deputyes It happeu'd soe y' they went not directly for
Virginia but took their passage in a ship bound for Nevis where M"^
Eastehurch lighting upon a woman y' was a considerable fortune took
hold of the oppei'tunity marryed her and dispatched away M'' Miller for
Carolina to settle affayres against his comeing who carry ed with him y"
Comission of y' Lds Prop" to their Deputyes and Comission from M'^
Eastehurch himself that made Miller Presid' of y" Councill untill his
arrival and gave him very full and ample powers. Miller aniveing in
Carolina with these Comissions is quyetly received into y" Governm* &
submitted to not onely as Gov'" but y" K=''' Ct^illecto'' in y'^ discharg of w*
duty as Collecto'' he made a %'ery considerable progress. But as Govern''
he did many extravagant things, making strange limitations for y" choyce
of y^ Parliam' gitting pow" in his hands of laying fynes, w"'' tis to be
feared he neither did nor meant to use moderately sending out strange
warrants to bring some of y*" most considerable men of y^ Country alive
or dead before him, setting a sume of money upon their heads : these
proceedings having startled and disaffected the people towards him there
arrives Capt. Zachariah Gilliam with a very pretty vessell of some force
and together with him Durant and about the same time Culpeper they
brought with them severall Armes yv"^ were for Trade in y^ Country and
findeing that Miller had lost his reputation & interest amongst y'' people
stirr'd up a Comotion seized him and all the writings belonging to y^
Prop" and all the Tobacco & writings belonging to y° Kings Customes,
imploying y* K*' Tobacco towards y^ charge of maintaining & support-
ing their unlawful actions And w"*" aggravated the matter very much
Durant had in England sometyme before this Voyage declared to some

288 COLONIAL RECORDS.

uf y* Pnjp™ that P^astclmrcli sliould not be Governo"' & threatened to
revolt. Capt. Gilham was a fitt man for his turn liaviiig been turn'd out
by some of v^ Prop" of a consideral)le imployiu' in Hudson's Bay wherein
lie liad very mneli abused them.

Culjieper was a very ill man liaving- some tyme before tied from South
Carolina where he was in danger of liang^ for laying the designe &
indeavonring to sett the poore people to plunder the rich. These with
Crafurd & some oth' New England men had a designe (as we conceive)
to. gitt y° trade of this part of y" Country into their hands for some
years att least And not onely defraud the King of all his Customes but
buy the goods of y' Inhabitants att their owne rates for they gave not to
them above halfe the valine for their goods of w'*" the Virginians sold
theirs for.

Not long after this imprisonment of jNIiller & that these generall men
had formed themselves into w* M'' Culpeper calls y^ Govern' of y° C'oun-
try by their owne authority & according to their owne modell, M"" East-
church arrives in Virginia whose authority & Comission they had not
V* least colour to dispute & yet they kept him out l)y force of armes soe
that he was forced to apply to the then Goverif of A^'irginia for aid and
assistance from him to reduce them w°^ had been accordingly donne but
y' Eastchurch unfortunately dyes of a feavour Presently after this these
Gentlemen that had usurped y^ Govern' & cast of and imprisoned our
Deputyes that would not comply w"" them sends over 2 Coiiiiss''^ in their
names to promise all obedience to y" Lds Propr^ but insisting very highly
for right against Miller. The Prop''^ perswaded one of their owne
jMem'"'^ M"' Southwell to goe over & he Gover""" himselfe to whonie they
promised the utmost submission (he being a very sober discreet gentle-
man) & was allsoe authorized from y' Comiss''^ of y' Customes to take
care of y" Kings concerns there which wee conceive he would have set-
tled in very good order but that he \vas unfortunately taken by y' Turks
in his passage thither, And upon ^vhome the settlem' cjf the j^lace very
much depends it being a very difticult matter to gitt a man of worth and
trust to go thither. His redemption is every day expected and in y'^
meanewhile we have dispatched one INI"' Holden with Comissions & Deputa-
tions for the Govern'' to those that we did imadgiue would manage it with
most moderation who sends us word that all is now quyett & peaceable
But his Maj'^ ought to have an exact ace' and reparation for the damadges
donne in his Customes and his officers repayed the charge of w"'' ought

COLONIAL RECORDS. 289

in reason to fall iirincipally upon those that have been the eheife Actors

in it.

(Indorsed)

The Ckse of T. Miller, Z. Gilhani &c eoneern° The Rebellion of Car-
olina

Rec'' from S" P. Colleton
the 9* of Feb'-y

1679-80.

[B. P. K. O. Colonial Papers.]

THE AFFIDAVIT OF EDWARD COOKE MARIN' WHO
DEPOSED SAITH

That in May 1676 this Deponent being then in Albemarle in Carolina
did see M' Thomas Miller then and'' a guard of soldiers a prison"^ upon an
accusation of seditious or treasonable words as reporte went for w* they
were carrieng him from thence into Virginia to be tryed by S'' Wm.
Berkly and his Counsell. And further this depon' saith that in .lune fol-
lowing he sawe y' s* Miller in Virginia who after he was acquitted of y^
s* accusations gott out his pass and in July following came on board the
shipp Constant of London Capt. Jacob Hayes Command' this depon'
then being one of the said Hayes mates of y* shipp and the said Miller
came home in the shipp with us that voyage and further saith not

EDWARD COOKE

None die februarii 79

jurat cor : me

RoBT. Clayton Mayo'

[B. P. R. O. Colonial Papers.]

The affadavitt of Henry Hudson aged o4 yeares or therabouts Saith
That in July 75 this deponent being att the house of one M' Jo" Jen-
kins in Albemarle County in Carolina did then and thier both here and
see a designe Contriveing and Carrying on by Jo" Culpeper Thomas
Willis and the s* Jenkins wife against M' Thomas Miller privately in

290 COLONIAL KECORLS.

the s"* Jenkins Lodging & chamber where the s'^ Jenkins hiniselfe was
sometimes drinking togeatlier w"" the aforementioned p'tyes w""" designs
was to lay the s^ Miller nnd'' the imputation of speaking treasonable
words and did also draw in one Will" Cockin to the same who suddenly
after (as was credibly reported) ran away und" horror of Conscience -as
appeared by severall evidences thier my aifedavitt in this matter more
amply then att p'sent I can in each circumstance recite I have alridy
sworne too before y^ assembly of Albemarle afores'' in March 1675—6 for
w""" accusation the s* Miller was Comitted in irt)ns a prissoner by y* s'^
Jenkins and remaind a long time after a prissoner untill upon the man-
date of S' W" Berkeley the s* Miller was in May 1676 sent prissoner
into Virginia for tryall before y° s^ S' Will™ Berkeley & Counsell thier
where the s* Miller in the afores* yeare was cleared and acquitted of the
afores'* Imputato" as did appeare to the Deponent by a Coppy of the Or-
der of the said Sr Will" Berkeley & Counsell dated at James Towne and
attested by M'' Henry Hartwell Clark of the Counsell thier w''' was
brought the Deponent by the hands of Timo. Biggs Esq. Deputy for the
Earle of Craven who was att that time "^sonally p''sent with y* s'* Miller
in Virginia as he told this dejjonent w"** said Coppy the Deponent hath
now left with his other papers in Albemarle aforesaid And further the
Deponent saith that the said ISIiller upon his goeing for England the
aforets'' yeare sent order to the Deponent who was then the Atturney of
the s* Miller appointed by y° Court for secnreing the s* Millei's estate
that he should lay actions of Consperacy att the suite of the s'^ Miller
against the said Culpeper Willis and othei's w"'' this deponent accordingly
did and further this deponent saith that after the returne of the said
Miller out of England into Albemarle againe in y'' yeare 77 that the said
Action of Consperacy upon the humble submission of the s* Culpeper
by his letter and petition to y° said Miller was lett fall and further the
deponent saith that the very accusation about treason now brought against
the s'* Miller since y° rebellion broke out in Albemarle Dec. 77 was y' very
same for w"'' y^ s"" ]\Iiller was tryed & acquitted in y' yeare 76 in Virginia
as afores* and further the deponent saith Willis and Cockin the two afores'*
Wittnesses against the s* Miller were run away out of the Country long-
before the s* Millers returne out of England and further saith not

HEN. HUDSON
Jurat 16° die Februarii
Au6 D"' 1679 Coram

H. Gregory

COLONIAL RECORDS. 291

[B. P. R. O. Colonial Papers.]

[Wm. BLATHWAYT] TO M' GUY "AB' THE MEETING OF

Y« LORDS PROPRIETORS OF CAROLINA AND

YE COMM" OF Y» CUSTOMES" 19'"

FEB'^ 1679-80.

CouNCiLL Chamb-- 19 Feb^ 1679-80
S'

Capt. Gilham \\lio stands acciiseil by M' Miller late Collect'' of his
Maj'y' Customs in Carolina for having abetted a Rebellion and contrib-
uted to y" eiubezlein' of his Ma*' Customs there was this day examined
by the Lords of y" Committee of Ti\ide & Plantations But their Lord"^'
finding no direct proof ag* him have left him under an obligation of
further attendance in case any proof shall be hereafter brought ag"
him And in y° meantime their Lord"" have desired the Lords Prop" of
Carolina and the Comm" of y^ Customs to meet & confer together in
order t(j agree on some proposal for resetling that government & the
peaceable & due collection of his Ma*"' Customs in that Province and to
make report, thereof unto the Committee which therefore I impart unto
you that y' Right Hon"" the Lords Comm'' of his Maj'^' Treasury
may please to give directions to y^ Comm""' of y" Customs accordingly
I am with all respect.

[B. P. R. O. Colonial Papers.]

THE AFFIDAVIT OF TIMOTHY BIGGS OF THE COUNTY
OF ALBEMARLE IN THE PROVINC^E OF CAROLINA.

That some tyme in the yeare 1675 was sent into the County of Albe-
marle als Roanoake in the province of Carolina a Box directed to the
gov'^n' or deputy Governo"" of the s* place in w"** was a Comission to one
Copely & an other to one Birch, the one to bee Collecf & y* other Sur-
veyo' for the Collecting A certaine dutie off 1* f ft imposed by Act of
Parlem' upon Tobacco &c. transported to New England or any oth'" o£
his Ma"'' Collonies in America & w^'all A letter from the Coffiiss''' of his
Ma"'' customes in England Directing the Govern' that in case the s"*
Copely & Birch were not in the Country that then the s* Governo'
should place other persons in their Roomes & to looke after the Collect-

292 COLONIAL RECORDS.

ing the s'' Revenue, -w''' order,'? the then speaker instead ul' A Gu\'ei'uo'^
w'^ the Assistance of tlie Counsell goeing about to put in Execution were
underhand or clandestinlie oposed tlierein by one Crawford w"" others &'
some New England Men then there tradeing the s*^ Crawford endeavour-
ing to ."^swade the people that it would be a great inconvenience for to
submit to this paym' and that the New England Men did intend to raise
their Comodities double if such payni' of 1* "^ ft were exacted from them,
Upon ^\'^^ the people were very mutunous and reviled & threatened y°
Members ofl' the Counsell that were for settleing y* s** duty however y° s**
duty was setled and one Bird apointed Collecto' who went on collecting
y" same untill the yeare 1676 In w""" yeare there being A warr w"" y*
Indians & the people of the s'* Countrey for y' reason in armes they were
perswaded by Geo. Durant, A'alentine Bird the Collecto'' & one White
w"* others to fforce the Governo'' to reniitt to the New England men (by
whose hands \\'ere brought to them all sorts of English Comodities) three
farthings of the s'* 1'^ ^ ft) the s*^ Durant haveing then a considerable
quantitie of Tobacco to receive & w"*" hee was to shipp for New England
as this Deponant hath heard the s^ Durant say

In July 1677 M"" Tho. Miller arived in the s** County bringing w"" him
A Commission to himself to bee Collecto"' of the s* Duty & also A Letf
from his JNIa"* comanding y* Governo"" ^ all other Offic''" to bee assisting
to him in Collecting the s^ duty & calling all other former officers to
accompt and also A commission from M' Tho. Eastchurch y* Governo""
of the s'* County for him the s'* Miller to bee Presid' of the Counsell of
y* said County and Comand' in clieife dureing the absence of the said
Eastchurch who with the assistance of the Counsell of the s* Countie re-
settled the Collecting of the a^ Duty & called the form' Collecto' to ac-
compt for what he had rece'' and all people haveing quietly submitted to
the same tt the New England Men complied in payeinge their duty &
this Deponent who was Commissionated by the aforesaid Thomas Miller
to bee one of his Deputie Collecto"^ had rece'^ about 100 Hogsheads of
Tobacco for his Ma""^ account and had seized severall parcells of goods
judged to be imported contrary to Law w'"" was done without anie oposi-
tion w"*" quiet posture of Collecting his Maj'"^ s'* Duty continued untill
the Arrivall of one Capt. Guillam from London on Saturday the last of
Novemb"' or P' of December 77 in «hose shipp came the afores** Geo.
Durant from London alst> upon whose comeing the afores* Crawford
Bird and sever;,dl other went on Board the s'^ shipp to the s** Durant & on
tlie jNIonday following one ^A'elIs and severall others by the ^swasion of
tlie said Bird came with MusquettstS: swords to tlie h(mseof this Depou-

COLONIAL RECORDS. 293

eiit and broke open Cliests & Locks and violently tooke away the said
Millers Coniission ct Instrnctions for collecting the s"* duty of l"* f lb and
the Records of the s'' C'ounty w°'' were there & carried them to the afore
menconed Crawfords house and Vallentine Bird with one Will" Seeres &
Will" Je^ings w**" a party of armed Men seized upon this Deponent, the
afores** Tho. Miller & J"" Nixon Esq' a Member of the Counsell & tooke
from them all their papers and kept them close prison" not suifering
them to speak w"" anie Body or one w"* the other & then sent out parties
to secure y' rest of his Maj"'' Collecto" and all the Memb" of the Coun-
sell and other officers y' would not submitt to them, some of w'*' were
seized & others fled into Virginia, and the s"* Rebells tooke into their
possession the Tobacco that had beene reced upon the s'* duty of l"" '^ ib
and also the goods that had beene seized for haveing beene imported into
y" s^ County contrary to the Acts of trade and Navigation. After w'"
the s"* Crawford together w"" y' s"* Durant w*'' others who then openly
joyned w"" them did with their party who had beene furnished with new
Armes from on Board y' s'^ Guillams shipp Convey the s'^ Tho. Miller
Jn° Nixon and this Deponent & severall others who had beene brought in
prison" to the house off the s'^ George Durant and there kept them close
prison"' and often threatened to hang them, haveing sett up A Court tt
governm' after their owne fashion. But this Deponent ffindinge an oper-
tunity made his escape and fled into Virginia and from thence came into
England and left the s'^ Tho. Miller in Irons w'" severall others of his
Maj'"^' Collecto'' and other officers prison""' and whilest this Deponent
was kept A prison'' New England vessells went thence w*"" Toba"" w"'out
paying y' s** duty & further saith not.

TIM° BIGGS
in or about May 79

This is a True Coppy of my ai'fidavitt w''' I delivered in y^ p'sence of
y" Duke of Albemarle unto y' IJ Tresurer by ord^'-of y'' Lds Propriat"
of Carolina the w'*" they perused & ord"^"" that I should draw a petition to
the Kings Ma"" & Counscill & upon a Counscill day that I should p'"sent
it the w"*" y' Lds Prop" afores* at a meeting ord'^'' mee to proceed in
apoynting y" Tyme saying as many of them as were of the Counscill
would be p'^sent at p'senting it & forward mee in it But before the time
apoynted the s* L*' mett a monge them selves & for some Reasons best
known to themselves Comanded & ordered mee to desist

This is for a trouth

Given und"" my hand this lo"" Aug* 1(379

TIM" BIGGS
Dep'^ for y° Earle of C^raven

294 COLONIAL RECORDS.

I the subscrib"* doe Averr and am ready to be deposed y' y^ attestation
and averrm' above said and p''te on the other side to the deliv""^ and ten-
der of y' aforementioned Aflidavitt be the hand writeing of M"' Timothy
Biggs

jno TAYLOR

1679

[B. P. R. O. CoLONiAi. Papers.]

ANSWER OF CAPT. GTLLAM READ THE 19'" OF FEB'^

1679-80.

Zaehariah Gillam makes Answer to y' charge bronglit against him by
M' Thomas Miller, as far as he can reraemb'' and saith

That he knew not of any distnrbanee in y^ C'onntry npon his arrivall
thair bnt afterwards what happened among them lie was not concerned'
in, nor did att that time know y* occasion.

That he knew not of M"' Millers Imprisonment nntill near 2 days after
it was done, being on board his owne ship all that time.

That he forboare to sell any goods, not knowing who to trnst but
rather than goe away with his ship Empty (w"'' if done would have bin
great loss to his Marchants) he sold his goods for Tobacco & Skins which
came for England & paid his Ma''°, near two thousand pound Custom,
which his Ma*'* never before Received directly or indirectly since that
province was seated as hea heard of As to his going Armed ; The first
daye he came into y° Country, he tendered an Entry to M"" Thomas Mil-
ler who was his Ma"*' Collector theare, he Asked him what tobaco he car-
ried out of y* Country ye year before, he told him neare 180 hhds y" s* Mil-
ler made answer y' he must have one penny '^ ib. for itt, Gillam made
answer y' he had paid the King his Custom in EngP & did not judge
his Ma"* desired his Custom twice (w*'' payment he proft'ered to make
apeare by y* ships Entrys & clearings in England & Sertificate of thair
bonds) he y* said Miller told him he would be paid before y* shipp went
out of y* Countiy, on whicli he told him y* he arrested him & told him
it shold be nobly done for he would doe it himselfe & Imprisoned all his
boats Crew & seased his papers & then \vent on board his shipp Armed
with two pistolls & presented one of them to y' breast of his Mate
Cockt & laden as by Evidence maye apeare. y* time near all at night.

The said Gillam went y* next morning & had his papers delivered to
him noe man Coming into y* house but himselfe That he supplyd y'

COLONIAT. KECOKDS. 295

Countrv w"" Arms & Amnnitioii for their defence Against y° Heathen
w"*" I had done v° }'ear before & y* year since <& sokl other goods to those
persons I knew Responcible but would not trust others untill I saw what
thair paye was.

That being at y® Court when IVP Miller was question'd tliear (for trea-
sonable words) it was his bisones to speake with y" Inhaljitants they
being his customers w"*" is usuall in those Countrys y° pe])ell living far
distant & could thair dispatch as uiueh bisones in one Daye as he could
otherwayes in a weeke

That his given drinke to y" peopell it was as they was customers to
him (noe otherwayes) & RP Miller had his sheare of itt.

That M"^ Miller chai'ges him with his Imprisonment on board y" ship
y° said Gillam was then on shoare & knew nothing of his Restraint on
board but when y'^ said Gillam came on board being neare 1 2 at night &
told him he was wellcome to goe or staye & gave him what Accomoda-
tion y' ship would Afbrd

ZACK: GILLAM.

[B. P. R. O. Colonial Papers.]

PETITION OF TIMO BIGGS TO THE KING

[19 February 1679-80.]
To the most mighty and Serreine Prince Charles the Second and Great
Kinge off England Scotland France & Ireland Defender of the faith
&c

The most submiss and Humble Pettition of Timo Biggs Comp'' and
Survay'' Gen^" of Yo' Ma*"' Customs in Albemarle County in the Prov-
ince of Carolina & dep'^ for the Rt. Hon'"' the Earle of Craven one of
the Lords Propriatt" Therof

With all Humility most Humbly sheweth That yo' Pittitioner w""
three of the Lords Propriatt" Dep'^^' & yo' Ma"*' Colecf^ & all his officers
& the officers of the Governm' were one the 4"" day of December in y'
yeare 1677 were by a siditious ifactious & Rebelious Rable mustered in
Armes vialently seazed & imprisoned & all y' would not joyne w*"" them
were forced for refuge sake to fly in to Virginia who wer also of y* Gov-
erm' & Parlam* upon false pretences & suggestions as the inclosed depo-
sition will manifest to trouth of w'^ are severall Evidences — the w"*" was
by his Grace the Duke of Albemarle delivered to the Lord Treasurer,
In ord' to bringing it befor yo' Ma'^ & yo' Pittition' accordingly ordered

296 COLONIAL RECORDS.

there imto Butt after againe Comanded the Contrary & sent Bake after
a great charge & trouble to j'o" pittitioner to Albemarle w''''out any Re-
dresse where yo"' Pittitioner & loyall subjects have no safety but by und"
unsufferable oppression as appeares at larg "^ y" inclosed being Copy of
a Lett"^ to y" Propriat" for releafe but none appeareing

Yo' most humble pittitioner in behalfe of himselfe & sondry other
great Sufferors as well for protection ttbr yo" flFuter officers as discounti-
nance to Rebellion.s w"" all Humilitye prayes yo'' Ma"' To take some
sj)eedy course & care to reduce y' same & satle the govern' on that firme
Ibundation as may give discoridgeni' to such proceedings for y" ffutf
Avhereby }'o'' subjects may be safe in the Injoyments of yo'' Rights & Lib-
ertyes the w"** a vessell drawing seaven foot watt" w"" sixty men & tenn
guns w"" ord'^ to Virginia Governi' assistance if occasion require will
effect & w"'out w""" will no lawfull Govern* be obeyed & yo' pittioner as
in duty bound will ever pra}'

TIMO BIGGS
1679.

[B. P. R. O. Colonial Papers.]

The affidavatt of Solomon Summers of Redrifie shi])pwrite in y° County
of Surrey who deposed saith :

That in or about y" middle of July 1677 carrieing M"" Tho. Miller
from Burniudos to Albemarle in Carolina in a small shallopp calld y"
Success fitted maned & set to sea upon y" cost acco' & adventure of y* s*
Miller then as his Ma'"^ Collecf & concern'' alsoe for y" Lds Projjriat"
as Comand' in cheife in all matt" Civill & Military in y" s"* County dur-
ing y° absence of Tho. Eastchurch Esq'* then Gov' since deceased as by
sundry Comissions Instructions & other writeings from y" Lds Propriat"
y" Comiss""* of the Customes & y* s** Gov' w"^ y^ depon' saw did appeare and
upon y° 2* or 3* day of y" s** Miller's arrivall there was great abuse &
affronts offered to him in y" depon*^ sight & hearing (without any provo-
cation given by y^ said Miller) by some of y*' inhabitants there (meerly
as y' depon* conceives) by reason he was his Maj*''^ Collect' tt had power
to call them to acco* for liis Maj'^ dues w* in y^ yeare before viz 76 they
had deposed & had alsoe subverted y" tlien Govern' und' y*^ Lds Proprit"
as y" depon* was there credibly informed the more jj'ticularly l)y one Patt
White was the s'* Miller violently assaulted att one M' Rich : Fost's
house v*" said \Miite & swearino- v' he could freelv run his knife

C'()1.(XNIAL IJKCORDS. 297

were itt nut for feare of y^ law into y" !>^ Miller & y' he would never
have the Kings Customes settled there as long as he lived w"" many other
words to this or worse purpose uttred by y" s'* White & his wife & others
but V* s* Miller not much heeding tliose abuses but goeing further by
into y' Conntry in prosecution of his ord"' in y* first place sommoned y°
Assembly to appeare to whome he showed & in whose heareing (to this
depon" certaine knowledge) he caused to be published all his fores*
Comissions & Instructions & then reduced & quietly y° Indians setled y"
Malitia brought y' Inhabitants to a good ord'' & peaceable decorum &
lastly settled his Maj'-'^' aiFaires in reference to the customes & all this
done w*''out v'' least dropp of bloodslied w""" peaceable & quiett posture
of affaires to y*' then general satisfaction of y*' inhabit'" soe continued
from July afores* notw^'standing the seditious designes of a few there
till y* X.^^ following att which time upon y" arrivall of Capt. Zacli. Gil-
lam from London w* store of armes & amunition on board his shipp a
rebellion (as y"" depon' supposeth) broake out contrived & caried on by
John Culpeper Rich'* Fost' Jno. Jenkins Ja. Blunt Jno Willoughby
Wm. Crawford Geo. Durant Patt White & other their Confed''ates &
New England Trad"' wherein (after y^ publique Records l)y a party of
men in armes) being first seized w"" all y'* s** Millers publi([ue & private
writeings &c. severall lockes being broake open in y" Action y° Govern'
then settled & subverted all in authority & all other y" inhabitants y'
would not jo^'ue in y' s* Action either menaced ov'awed assaulted dis-
armed robbed seized & imprisoned or chased out of y' Country And about
14 or 15 dayes after then first riseing tlius in Armes a generall rendezvous
or meeting beeing held at y* afores** Durants house y* s'* Miller by beat of
drum & a shout of one& all of y" rabble was accused of Blasphemy, Treason
& though in all this time before there was not any such talke ag" the s**
Miller as y' depon' heard butt all cjuiettly submitted to y* s* Miller & y"
rest in authority soe long time as is afores'* upon w"^ by a 2'' shout of one
& all of y' s* rabble y* s'* Miller was clapt in irons w"'' this depon' saw &
further heard many irreverend speeches ag"' his Maj" Proclamations &
some of them saing if y' Gov"" or Lds either were there they would serve
them in like mann"" thereupon they pV^eeded to choose an Assembly (U-
Parlam' soe called their drum'' being one of their Burgesses this Parlam'
deputed 5 of their members to joyne w"* y* fores* Foster to make a Courte
this Courte appoynted a Jury out of y' fores* rabble the foreman whereof
was one Mordichy Bouden a New England traid' & one much indebted
to his Maj'''" for Customes & upou their returne of y* s* Miller's charge
or indictem" they were resolved to have put him to death for sev''all had
34

298 COLONIAL RECOEDS.

vowed & sworne itt but att y* time y* coming in of y° Gov^'n'^s Procla-
mation w"^ y^ afores* Ringleac?^ would nott permitt to be openly shewn
& w"*" he sent in from Virginia to them he newly arriveing there, did
p'vent itt Whereupon y* s'^ rabble desisted fi'om proceeding further w*'" y^
s* Miller's life only after seizing havockeing and embezzling his estate in
w'ev'' specie whereAV* to be found & deprived him of y' use & benefitt
of his stocke & plantations yea of his owue necessaryes committed him
in irons & all y' rest of his Maj*^ Custome oflfic™ & almost all y* rest in
authority close prisun" & sent a strong guard tti impede y^ s*^ Gov'^n''
comeing in amongst them till about 5 weekes after he died in Virginia in
w"** juncture y* s* Culpeper assumeing y" title of his Maj*^^ Collect'' by y°
promotion & asssistance of y* afores'^ his Complyces violently took his
Maj*^ concernes out of y* s'^ Miller's hands p'* whereof y' was reced by
y" s* Miller's orders & was allsoe marked for his Maj'^ use this depon'
saw y* s** Culpeper scratch out y^ markes of sundry of y'^ Hogsheads and
dispose of them to some New England traid" & others and further this
depon* saith y* y* s* Capt. Zach : Gillam refusing to obey y' Gov'n"
Proclamation w"*" as afores'' was sent in traided w"' y* s* Rebells & very
frequent in C-ompany w"" them in those Confusions sent much Tobacco
into Virginia this depon' being then in his employ although befor he y"
s** Gillam would not open store to sell goods till he sawe w* was done
aboute y'' s** Miller & y^ rest in authority and in May 1678 following
this deponent deputed y' County w"" y"* s'* Gillam & left y' s'^ Miller in
a logghouse 10 or 11 foote square purposely built for him close prison'^
& kept from all access of friends or humane converse none suffered to
come neare him debarrd from pen inck & paper by y'^ s* Culpeper & his Com-
plyces & this depon' a little before he came away was threatned his life
if he offered to furnish him w"" writeing materialls or to come near y" s**
Miller further this depon' saith at y^ time when s"* Miller was their pris-
on' he sawe sundry Hds Tobacco shipt of by Josh. & Caleb lamb 2 New
EngP traid" from y^ afores* C^rawford's plantation uud' y'' motion of
Bate as the said Lambs did afterwards publiquely owne and boast of And
furth'' this depon' saith y' about y^ time y" s** Culpeper was bound to New
England w"" y* s* Gillams sonn viz: Benj. Gillam w"" a vessell load of
Tobacco, and further saith not

SOLOMON SUMMERS
Jur' 31° die Januar: 1679 to the contents of the other side coram
W" MouNTAGU. SOLOMON SUMMERS

COLONIAL RECORDS. 299

[B. P. R. O. Colonial Papers.]

The Affidavit of Peter Bruekwell aged 28 years or thereabouts Saith
That ill 8'"' 1G77 he came into Albemarle in Cai-olina where y' deponent
knew M"" Thomas Miller owned as President and Command"' in Cheif of
y" County und"' y^ Gov"" for y* Lds Propriet''* of the s*^ Province and was
so obeyed by all in generall there & till the arrivall of -Capt. Zachariah
(nllam in December that yeare upon whose Arrivall a great disturbance
or Rebellion (as y* deponent humbly conceives) broke out wherein y"
Deponent was forcibly concerned and taken out of his bed to go with a
party of men in arms to seize y" publique records of y' County in the
first place and then y° next day after that the said party of men seized
the s'^ President and other of the Lords Prop'"'" deputyes prisoners and
so kept them under a strong guard for about 14 or 15 dayes at one Wm.
Crafords house against which house the said Gillam rid his shipp with
Jack ancient flagg and penon flying and did also furnish the said party
of men with new guns and scimiters from his shipp in the s"* action And
when y^ afores"* President and the other Deputyes were carried round by
water to George Durant's house (which was y" place appointed for y*
generall meeting) in Company of severall boats of armed men y* s* Gil-
lam's ship fired of 3 guns as they passed by and when they came to y^
s* Durant's house, the very next day the rabble there met, sent for a box
belonging to y^ s"^ President which (as they said was hid in a tobacco
hogshead wherein was aboundance of writings which the Deponent saw
and then forthwith upon it by beat of drum and a shout of one and all
they accused the s"* Miller of treason & other crimes, although till this
tyme y' Deponent heard no mention made of treason ag" y* s** Miller and
thereupon they clapt y'^ s** Miller in irons: then proceeded and out of the
rabble chose y" Parliam' their drumer making one of them & then out of
this Parliam* they seperated 5 of y* members namely John Jenkins Wm
Craford Patricke White James Blunt and Valentine Bird (since deceased)
to joyne with one M"^ Richard Foster to make a Court before whom they
brought two of y' L*' Prop"" Deputyes who were accused by them for
severall crimes w"*" the Deponent doth not now remember and then ap-
pointed a grand Jury out of y^ s** Rabble and brought y^ s** M'' Miller
also before them for treason and other matters w"^ imputation of treason
y" s* Miller had been long before cleared and acquitted from by S" Wm.
Berkly and Councill in Virginia as y" Deponent heard severall persons
in those parts after affirme and further this Deponent saith that the said
Capt. Gillam was severall days amongst the s"* Rabble at Durants house

300 COLONIAL RECORDS.

and the Depuueiit heard .-^everall of the sohUers .say that tlier wa^ a great
deal of drink coming to y" upon y" said Gillams account and further the
Deponent saith that he heard of y^ Govei'u" Proclamation w"'' was sent
in from Virginia upon w"** y" s** rabble broke up and sent y' said Miller
prisoner in Irons as hee was to y^ upp' end of Pasquotanck River at one
old Wm. Jennings his house under a strong guard to whom none was
admitted to speake except publiquely and a little while after y' Deponent
saw y° s* M' Miller enclosed in a Logghouse about 10 or 11 foot square
purposely built for him wherein he was kept fi'om all accesse of friends
or humane converse del)arred from pen iuck and paper and y" other L*^
Dep'-^" that would not joyn in y° s^ action cofiiitted also prison" apart fn)m
one another & some of y™ sent far from their homes And further the
Deponent saith that one John Culpeper was ther cheif Scribe Councello''
& Collecto' and George Durant their Attorney Generall and one of y'
Agents and one M'' John Willoughby anoth'' of y'' Agents, many things
besides that were in those tymes done & acted by y' forementioned Par-
tyes and y"" Confederates y* Deponent by reason lae was then sickly can-
nt)t positively i-ememlier therefore at present farther saith not

PETER BROCKWELL
Jurat 16" die Februarii
A"" D"' 1679 coram

W GREGORY

[B. P. R. O. Colonial Entry Bk. No. 106. p. 127.]

AT THE COMMITTEE OF TRADE & PLANTATIONS IN

THE COUNCIL CHAMBER AT WHITEHALL

THURSDAY Y^ 19*" OF FEB^^

1679 (-80)

Present
Pi-ince Rupert Earl of Bridgewater

Lord Privy Scale Earl of E.ssex.

Duke of AUiemarle. S' Leolin Jenkins

* * * *

Capt. Gilham wlio is accused by M" Miller to have had a hand in the
Rebelh'on of Carolina is called in as al.^oe the Lords Proprietors viz: the
Earl of Shaftesbury and Earl of Craven and Sir Richard Temple one of
the Commissiouei's of the Customs, Whereupon tlie information of Peter

COLONIAL RECORDS. 301

Brockell and Solomon Summers against Capt. Gilham as also Capt. Gil-
ham's Answer are read, and Peter Brockell being sworn further says that
hee can't see that Capt. Gilham did act in the Rebellion but that bee sold
arms indifferently to all persons And Solomon Summers deposes that
Capt. Gilham did often conferr with the Rebells and sold them arms and
that hee did not obey the Proclamation for settling the Peace when it was
delivered to him.

Thomas Miller being alsoe sworne says that the person that seized him
had Capt. Gilham's sword and that Capt. Bird, Capt. Crawford and Wil-
liam Ne\-ill who were eminent in the Rebellion had alsoe swords from
Gilham And that when upon the tirst arrival of Gilham hee went on
board his ship hee was seized there and kept prisoner above an liour and
a half after Capt. Gilham was on bord, and that hee said to him, Now
you are my prisoner and that hee would not let him stirr unless it were
to make water and that hee saw Crawford Forster and Durant come on
board in company with Gilham and that they continued fii-ing and shoot-
ing a long while. The affidavit of John Taylor is also read.

To all which Capt. Gilham makes answer that hee had noe other con-
versation with any person but as they were his customers and was in noe
manner concerned there but to sell his goods and that Miller had been
three hours in his shipp before hee came on board which was about
twelve at night and that hee came hither in an insolent Hectoring man-
ner and had free leave to goe off when he pleased. Capt. Gilham's son
alsoe says that hee proffered Miller the long Boat to goe on shore which
hee would not accept of.

The Earl of Shaftesbury hereupon acquaints the Committee that fur-
ther Informations concerning this Business were expected from Carolina
which should be imparted to the Board. After which their Lo^* desire
the Lords Proprietors and the Commiss" of the Customs to meet together
and to agree on such rules and means as may bee necessary for the settle-
ment of the Country and security of the King's Customs and offer them
to y® Committee.

Capt. Gilham is alsoe told that he must attend again at such times as
hee shall bee called but that nevertheless hee may if occasion offer goe
uj)on any employment at sea.

302 COLONIAL RECORDS.

PATENT FROM GOV. JENKINS.

S' George Carteret Kn' And Baronet Vice Chamberlaine of his Maj-
esties household one of the Ijords of liis Majesties most Honorable privie
Conncell Pallatine of Carolina and the Rest of the true and Absolute
Lortls and proprieto" of Carolina, To all persons to whome these pres-
ents shall Come Greeting In our Lord God Everlasting, Know yee that
wee the s* Lords and Absolute proprieto" According to our Create Deed
l)ering date the first day of may Anno Dom 1668 Given to the County
of Albemarle with the Great Scale of our province thereunto affixed,
flfbr the holding of Tjands, and by Instructions Dated at white Hall the
fifth day of fferuary 1678 remaining upon Record In the County of
Albemarle In the Province of Can^lina, Doe lierebv Grant unto Robart
Winleyof the said County plauto"^, A Plantation Containing two hundred
and Eighty Acres of Land English Measure, Lying and Reeing In The
Precinct of Shafitsburv In the s* County, Bound on the sontli East side
of matacomaugh Creek beginning at a Marked Ash tree, standing on a
pointe by a branch side, issuing out of the s** Creek which divideth this
Land from the Land of Edward Smithick and Running northeast up
the said Creek one hundred and forty pole to a marked Red oake then
southeast by a Line of marked trees which divideth this Land, from the
Land of John Taylers three hundred And twenty Pole to a Marked pine,
then South West by a Line of marked Trees one hundred and forty pole,
to a marked pokikory tree, then by Another Line of Marked trees three
hundred and twenty pole to the first station, Includeing the aforesaid
quantetie of Land, the said Land beeing due to the s* Robart Winley
by and for the Transportation Into the county of Albemarle of five per-
sons, whose names are upon Record under this pattent. To have and to
hold the said plantation unto y° said Robart Winley his heirs and As-
signes for ever, with priviledge of hawking hunting fishing and fowling.
With all woods and trees, With what else is there standing Growing and
beeing except the one halfe of all Gold and Silver mines, yielding and pay-
ing therefore unto us and our heirs, and Successors yearly every twenty
ninth Day of September According to the English Account, for Every
fifty acres of Land herein' Granted, one shilling of Lawfull English
Money, or the vallew theirof for every of the s*^ fifty acres to bee holden
of us In free and common Soccage, provided always that If the said
Land bee not seated within one yeare after the date hereof Then this pat-
tent to bee voide, else to stand In full force, Given at M' George Durants
house under the scale of the County of Albemarle this 29"* day of March
beeing the Seventeenth yeare of our Possession of oiu* Province of Caro-

COLONIAL RECORDS. 303

liiia Aim" Dom 1680 Witnes Jolni Jenkins Esq' Governo"" and Com-
mander in Chiefe of our said County and our Trusty and Welbeloved
Councello", who have hereunto sett there hands the day and yeare aboves*
Robart Whdey Pattent JOHN JENKINS

RALPH COATES ANTHONY SLOKUM

ROBART HOLDEN
WILL CRAFORD

[B. P. R. O. Colonial Papers.]

To the Kings most Excellent Majestie The humble Peticon of Thomas
Miller Sheweth

That yo' Ma"' Iiaving been pleased upon y' Report of y'' Com""= of
Lords for y' Plantacons to direct prosecution of John Culpeper for Trea-
sons acted by him in y' late Rebellion in Carolina at w"*" Com**' severall
of y' Lords Propriato'' did appear and declare that y' same was a noto-
rious Rebellion & that their taking Armes, seizing y" Records in y''
Country, imprisoning foure or 5 of y"* Lords Deputyes & seizing all y'
Tobacco Bonds & Bills in their hands relating to your Ma"'' Customes
& all y" private Estates of y' persons imprisoned and calling and choos-
ing a pretended Parliam' & setting up a pretended Court of Justice to
try yo'' Pef & y' rest of y' persons imprisoned w"" all y' proceedino-s
therein & going with Armes to oppose y' entrance of Mr. Eastchurch y'
then Gov"' coming from Virginia thither (in all which proceedings y' said
Culpeper was a notorious Ringleader) were undoubted treasons without
any authority & against all y' Lawes & Constitutions of Carolina & par-
ticularly y' Parliament there was illegall in its call, choice &c. And y«
said Culpepers plea of acting by their authority not good & y« said
Lords Proprieto"' did there undertake to manage y' said Prosequtions &
reducing y' Country to y' obedience of y' Lawes w""" was also refered tt)
them among other things by order of y' Com''' Nevertheless may it
please yo"^ Ma"' at y' said Tryal y' Earle of Shaftesbury who had been
present at y' afores* Transactions of y' Com*" & had beene y' mouth of
y' Lords Propriato'^ in y' whole aftaire unexpectedly appeared at y' Tryall
as a witness for y' Def & after that by 5 witnesses y' said Culpeper had
liene proved guilty of all y' said Treasons before numerated to y' satis-
faction both of y' Court and Jury, y' said Lord Shaftesbury in his Tes-
timony for y' prison"" declared that there hath beene no legall Governm'
ever settled in Albemarle & that neither y' said Gov'^ nor Governm' were

MH COLONIAL RECORDS.

legall aoconling to y" Coiii^titutioiis of Carolina and that therefore y° tak-
ing of Arnie.s & acting against them eouUl not anujnnt to Treason, But
tJiat y" Parliam' thus called by y" Rabble was a legall Parliam' by the
Constitutions of Carolina y* people having a right to choose them at two
years end w'iout any call and y' these matters were only feuds between
y^ Planters & could amount to but a Riott whereupon y^ prison' was ac-
quitted by y" Jury and Court And yo'' Pef with many others yo'' Ma*"*^
loyall subjects after all their sufferings not only left \\itliout remedy, but
y^ authority of y' pretended Parliam* being thus justified y° illegall pro-
ceedings against their lives & foi'tunes like to go on especially under
y^ present Rebells y' have usurped y" authority. And one Robert Hol-
deu whom y' Lords have sent to supply yo' Pet" place who being one of y°
persons condemned as a Ringleader in y* late rebellion in Virginia has
made it his business to close with y' rebells there to countenance their
authority & proceeding in y* late Rebellion, espetially against yo' pef
and all others y' continued faithfuU having at his first coming procured
an Act of Oblivion to be procured by y° Gov' himselfe & twoe of them
y' were Ringleaders in y" late Rebellion. And also hath proceeded against
your Pet' in his absence for his escape and in an unhearde of way re-
turned Jurys to try him and condemne him & transmitted copyes of y®
pretended proofs against him to y" Com" of yo' Maj"^' Cust«mes& alsoe
proceeded to y' banishing fineing ct imprisoning of all those that were
sufferers et had opposed y^ late Rebellion And further y* Com'* of y°
Customes in pursuance of an Order of y* said Coni*"^ having long since
made Proposealls to y^ Lords Propriat" for y^ recovering Arrears of y"
Customes tS: reparation oi" yo' Pet' their Collecto' and liis Deputies & for y^
better settlem' of y" Collection for y" future & prest their concurrence therein
And y' their Lords'"* would take some effectuall (bourse for reducing y°
country to y'' obedience of y" Law Xeverthelesse thei-e hath beene notii-
ing done therein But their Lord""* seeme rather to countenance y" present
settlement of things under y° Rebells by \\°^ not oidy yo' Pet' & y° other
sufferers here but also all those y' have opposed y" Rebellion there (whose
peticons also are sent home) are brought to their utmost dispair

In tender Consideracon whereof most humbly Implores that yo' Maj"°
would vouchsafe to take y' condition of yo' Pet' w**" y' rest of yo' Maj''**
distressed subjects in Albemarle aforesaid into yo' Princely Consideration
(*t direct such course thereupon for their Reliefe as yo' Ma"^ in yo' Princely
wisdome shall thinke meete. And vo' Pet' (as in duty bound) shall ever
jtrav &c.

THO: MILLER
June 29. 1680.

COLONIAL RECORDS. 305

Read in Councill, June 30*" 1680 Nothing done. Read y' 20 Nov.
1680.

[B. P. R. O. Colonial Papers.]

PETITION OF THE INHABITANTS OF ALBEMARLE
COUNTY TO THE KING

[30 June 1680]

To his most Sacred Majs'^ Charles the 2* King of England, Scoteland,
France & Ireland Defend" of the Faith &c.

The liumble Petition of y° Inhabitants of ^Vlljemarle County in Caro-
lina, whose names are und' written

Humbly

Sheweth to

y"^ Majesty

That whereas yr Maj''^ Petition'^ have been great & grievous sufferers
by y' Rebellion of Sev''all Audatious Infamous & Scandalous ^sons who
have drawne Sev''all of y'' Ma'^"' poore & ignorant Subjectes into y^ same
p^'dicam' w* them through their fals delusions, faire & plausible p'"tences,
Insomuch y' y^ whole Country is now ov''swaied by y'^ said Rabble,
And not withstanding y° Hon'^able Lords Propriet''' have Endeavored by
sending M'' Seth Sothwell Govern'' to suppress y* s** Rebellion, Yet to our
great greife & to your Ma'''* great loss & damninge in y"^ Customes
through y° fals & ti'etchrous dealing & Combinations of their Agents w*"
y° Lds prop'ters, y° same is hitherto obstructed and in all probability
like so to continue Av'^out y" Maj'''" interposition to y° utf Ruine & de-
struction of y' Ma'^°' Leige Subjects who for their Loyallty & fidelity to
yo' Ma*'' have been & are in fear to be made y° objects of these mens
furie & inhumane Cruelltyes : —

Wee therfore in all humility pray y' Most gratious Ma*''^ assistance for
y^ suppressing the said Rebels & y' upon y^ hearing our s* petition w"*"
in a more ample manner setteth foi'th our case & grievances, y* y'' Ma*''
would be pleased for y® future to take such care & course as to y" most
sacred wisdom shall seem most meet, as well for y° secnreing of us y"
Ma*''* most Loyall and most distressed subjects & supplyants as of y'
Ma*''* Customes fi'om the violence and Rapine of such Riotous disorderly
persons as aforesaid.

And we [as in duty bound] shall Evr pray

JOHN STURGEON. ROBT. SCOTT

ANDREW WALL WOOD. JOHN MORRIS

306 COLONIAL RECORDS.

JAMES LONG SEN' THOMAS KING

WILL" FOSTER JNO. EDLEING

JOHN WILLSON EDW. WADE

RALPH FFLETCHE' THO. LEPPE'

WILL-" VAUX JOS. SUTTON

JOSHUAH SCOTT WM. HOGPEN

ROBT. INKINSON MATH. CULLEN

LAW. CONSALVOE THO. S-YMONS

JOHN GILLCREST ZACH: NECKSON

JOHN WALLIS JOSEPH PITTS

ROBT. BENSLEY JOHN FFRITH

JOHN LACY JA. LONG JUN'
GEO. CASTLETON.

[B. P. R. O. B. T. Va. 58.]

THE LORD CULPEPERS LETTER TO M' ADAM KEEL-
ING HIGH SHERIF OF LOWER NORFOLK
COUNTY

M"^ Keeling

I send you a letter for the Governor and Government of Carolina, the
safe conveyance of which yoii are to take effectual cai-e in : and some
short, time afler the delivery thereof, You (as his Maj"'° high Sherif of
the County of Lower Norfolk) are hereby required to List all such of
the Inhabitants of Blackwater & Corritucks (as by the Laws of this
Country are accounted Tithables) which hold their Lands by patent
granted to them by his Majtys Governor of this Colony ; And likewise
that you do demand and receive of them Quittrents for all Lands they
so hold of this Government according to the value the Inhabitants of
Your County of Lower Norfolk do pay for the Lands they liold in pro-
portion to the quantity each man hath and also that you give to the
Justices of your County a List of the Tithables by you taken of the
Inhabitants of Blackwater & Corrituck to the intent they may be charged
with payment of publick and County dues as is levyed upon each Tith-
able of your County they being held to be part of your County of Lower
Norfolk Your proceedings herein you are to give me an account of
These commands you receive from me by the advice of the Council and

COLONIAL RECORDS. 307

at the instance of the House of Burgesses in the late lield Assembly.
YoTu- due jjerforniance hereof I question not and so bid you farewell

THO CULPEPER
Green spring July the 3'" 1680.

[B. P. R. O. B. T. Virginia. Vol. 58.]

THE LORD CULPEPPER'S LETTERS TO THE GOVERNOR
AND GOVERNMENT OF NORTH CAROLINA.

Gentlemen

About a month since I received a petition in the name of the Inhabi-
tants of Blackwater and Carrotucke subscribed by many of the .same
setting forth they are Inhabitants of right belonging to this his Majestys
Colony and Dominion of Virginia and desire so to be received for that
they hold their Land of his Majesty by patent granted unto them by his
Maj"'' Governors of this Colony and under the Seal of the same Not-
withstanding which they had been threatened and molested by you, I
have therefore with the advice of the Council at this instance of the
House of Burgesses given my order to the Sherif of Lower Norfolk
County to take into his List of Tithables all such Inhabitants of Black-
water and Corrituck as hold their Lands by patent from his Majtyes
Governor of this Colony, and have commanded and required the said
Sherif to demand and receive Quittrents for all such Lands so holden of
this Goveriuuent, As likewise all such publick and County dues as is
levyed on others the Inhabitants of the County of Lower Norfolk, Of
which that you may have the knowledge, and to the intent the aforesaid
Inhabitants of Blackwater & Currituck may not by your Demands be in
any sort molested disturbed or Griev'd You receive this Letter it being a
protection due from -

THO CULPEPPER
The g"" Julv 1680

[B. P. R. O. Colonial Papers.]

To the King's most Excellent Majestic. The humble Petition of
Thomas Miller.
Sheweth

308 COLONIAL RECORDS.

That whereas yoiu- Petitioner did on the 30"' day of June last exhibit a
Petition to your Ma*^ in Councill, most humbly setting forth the deplorable
Condition of himselfe, and diverse others yo' Ma'' most Loyall Subjects
in Albemarle in Carolina, as their Petition then alsoe exhibited to yo'
Ma*^ did declare, not only by our sufferings in the late Rebellion, but
also under the p'sent usurped Governm' of the Rebells in Carolina still
pursueing the destruction of yo' Pef and all others that have opposed
them therein to all w°h (as yo' Pef is informed) no other answere was
given tlien tiiat thei-e is a Governor goeing over thither from the Lords
Prop"^ and thereby the matter no further debated, the w'^h answere (tho
it implyes an owneing of the matter of fact complained of, yet it) leaves
yo' distressed Pet' (who is alsoe Collector of yo' Ma** Customes there)
and the rest of yo'' Ma*' greately oppressed Subjects in a manner remedi-
less, because noe further Examination is had of this matter, nor provi-
sion made for their reliefe, nor for the Settlem' of the Country nor Col-
lection of yo'' Ma'' Customes there, whereby it now appears that some of
the Lords designe no other then the continuance of the p'sent state of
things there under the Rebells, who still continue prosecnteing yo'' Pef
for his escape, and all those who have opposed them by heavy fines im-
prisonmen' Banishm' loss of Eares &c. as yo'' Pef by sundry letters lately
received thence is ready to make good. And all this meerely to justify
the said Rebellion, and discourage all persons from seekeing any redress.

You'' Pef therefore most humbly implores yo" Ma'^ either to grant an
heareing of the said Petitioners & other papers relateing thereto in Coun-
cell, or to referr theai to y" Committee of Lords for Plantations to ex-
amine the same, & the p''sent state of things there and report the same to
y' Ma'y together with what course the Lords Propri'" & Com"^ of yo'
Ma*" Customes have or intend to take pursuant to an order of the said
Committee upon a former Referrence from yo' Ma'^ for the reduceing
the Country, rect)vering the Arreares, and future setlem' of the Collec-
tion of the Customes and restauration of yo' Pe'" to their imploym*" &
Estates, & repairation of the damages done to yo' Ma'^ in yo' Customes,
& to yo' Pef' in the late Rebellion. To the end that yo' Ma'^ may grant
such order for the future settlem' of things & for the releife of yo' Pet"
and that before the dei)arture of this mentioned Governo' as to yo' Ma'-''
in yo' gratious wisdome shall seeme fitt & meet.

And yo' Pef (as in Duty bound) shall ever pray &c.

Petition of Thomas Miller about Carolina.

R-* July 7-80

Read in Councill July U'" 1680.

Read Y' 20 Nov. 1680

COLONIAL RECORDS. 309

[B. P. R. O. Colonial Papers.]

AT THE COURT AT WHITEHALL THIS 14'" DAY OF
JULY 1680.

Upon reading; this day at the Board tlie above Peticon of Thomas
Miller his Ma'^ was pleased to Order That it be & it is hereby Referred
unto the Right Hon*"'" the Lords of the Comittee for trade & plantation
to the end their Lo^" may consider thereof. And report to his Ma'^' in
Councill what they think fitt for his Ma'^ to doe therein, thereupon his
Ma'^ will declare his farther pleasure.

FRANCIS GWYN.

[B. P. R. O. Colonial Papers.]

Carolina. (Indorsed)

DEPOSITIONS OF TIM. BIGS TOUCHING THE STATE
OF AFFAIRS THERE.

Rec^ from y' Comm''^ of y" Customs the 15*" of July 1680.
B. B.

P. 20.

Tim° Biggs of the County of Albemarle Alias Ronoake in y*^ Prov-
ince of Carolina deposeth

That some tyme in y^ yeare 1675 was sent into y'' foi'es* County a boxe
directed to The Gover"' or Deputy Govern"^ y'^of ; i" w* was Comissions
& Instructions to one M'' Copely and M"" Birch y* one to be Collect' &
y" other to be Survay' for the Colecting & manageing a cartaine duty
of 1* ^ pound impost by act of parlara* upon tobacco &c. transported to
N. England or any other of his Ma*'"^ Collonyes in America & w'"
all a Lett"^ from y" Commissioners of his Maj''^^ Custcjras in England di-
recting the Govern'' That in case y* s'* Copeley or Birch were not in y*
Country, y' y" y* s** Gov"'n'' should place other persons to look after the
Colecting y^ s^ Revenue w"" ord"'^ y^ Gov''n'^ w*" y° Assistance of the
Counscill goeing About to put in Exeqution were und'hand opposed y''in
by one Crawford w*" others & some N. England men then there trayde-
ing, y^ .s** Crawford Endeavouring to '^swaid y" people it would be a
Great Inconveniancy for y™ to submitt to this payment & y' y' N. Eng-
land men would rayse ther Comodityes double if such paym' of 1'^ '^
pound were Exacted from them ; Upon which y" people were Mutinous

310 COLONIAL RECORDS.

& Reviled and threatened the members of the Counscill y* were for setle-
ing the said dnty ; how Ever y* s* duty was sutled & one Bird appoynted
for Colecting it who went on Colecting it nntill y° yeare 1676 in w"*"
yeare ther being a Warr w"" the Indians & y* people for y' reason in
Armes they were '^swaided by Geo : Durrant, Richard Foster Patricke
Whitt & Vallentine Bird y* Colector w* divers others to force the Gov-
erni' to remitt to y° New England men, by whose hands were brought
unto y" all sortes of Eurojoiane Comodityes, three farthings of s"* penny
'^ pound, the s** Durrant having then a considerable quantity of tobacco
to Receive w""" he was to ship of to N. England as this deponent hath
hard the s* Durrant say.

In Jully 1677 M' Tho. Miller Arrived in y" s" County Brought w""
him a Comission for himselfe to be Colecf of y* s* duty & a Certificate
from the Govern"" that he had '^formed what y' I^aw in his case Required
& also a Letf from his Ma"^ Comauding y* Govern' & all other officers
to be assisting to him in Colecting y' s* duty & ord" to call all other
former officers to Acco" and also brouglit a Comission from M"" Tho.
Eastchurch Gov'n'' of y° s* County for him the s"* Miller to be President
of y* Counscill & comand' in Cheefe duringe the absence of y° s** East-
church & y° s* Miller w"' the Assistance of the Counscill of y° s* County,
Resatled the colecting of the s** Dutty & called the former Colecto'' to
Ace" for w' hee had Receaved and all people seamed quiately to submitt
to y' same & the New England men complyed in paying y® s* Duty :
this Deponant was comissionated l)y the af ores'* Tho Miller to be one of
his Dejmty colectors & had receaved upwards of a hundred hoxheads of
Tobacco for his Ma''^ & had seized some parscells of goods Judged to be
Imported from contrary to law The which was done w"'out any opposi-
tion w"*" quiat posture of colecting his Ma*""' duty continued untill y'
arrivall of one Capt Zackry Gillam on Satterday about y" last of "No-
vember w* one Georg Durrant from London Upon whose comeing In
the s** Bird Crawford & severall others went on board y*" said ship wher
this said Durrant was & on Monday y^ 2'' Dec"" one Wells Nevell &
divers others went to y^ house of this deponent w"' Muskets and swords
& broke open Chists & Locks, useing viallence to y" deponants familly
& forceably took away y" s** Millers Comissions & Instructions for his
colecting y* s* duty & all the Records of the country w"'' wer by the
Authority ord"* to be there & caryed them to y" forementioned Crawfords
house And Yalentine Bird W" Sears fores'* Wells & Wm. Gineings who
Crawford also joyned with & a party of armed men seized upon this
deponant y° afores^ Tho Miller & M' Jno. Nixon memb" of y° councill
& Governm' took from them all ther papers kept them close prisoners

COLONIAL RECORDS. 311

not suffering them to sjwak in private w"" auylxjdy ore one w"" the other
& then sent out parties of arnied men to secur the Rest of his Ma""' Offi-
cers & all the Members of y' Connscill Governm' & officers w"*" would
not submit to or Joyne w"" them, some of w"'' wer seized & others fled into
Virginia, they also Took into y"" possession all y' Tobacco y' had been
Rec*^ for his Ma'" & the goods that had been seized fw haveing been Im-
ported into y° s'^ county from X England Contraiy to Law or y° Act of
Trayde & Navigation, after w°'' y° s* Crawford together w*'' Durrant Bird
Wells Sears & Gineings who headed the Rest in Armes being newly fur-
nished y'^w"' from on board y" s'' Gillams ship marched & convayed y"
fores* prisoners w**" divers others To y" house of y^ s** Durrant, where
this Rabble kept a court after ther maner. Kept y" y"" close prisoners off-
ten Threetening to Try & hang them haveing set up a mocke Goverm' by
force of men in Armes & p'ceed after y"" fashion, suffering New England
vessells to depart w*"" Layding of Tobacco w^'out paying his Ma"^' duty
& this deponant after seaven weeks Imprisonment w'^'out mittimus found
oppertunity of escape fled to Virginia & from thence came to England
to give an Ace' to his Ma"" & Lds P''p''t''^ of these Matt" Leaveing the s*
Tho. Miller in Irons w"" Jn° Nixon & severall others his Ma""' & the
couutryes officers prizoners & further at p''sent saith not

London. 1678 TIMO. BIGGS.

[B. P. R. O. Colonial Papers — Extract.]

ViRG=^ 8 June 1680.

ANSWER OF Y« ASSEMBLY TO Y« L"* CULPEPER'S

SPEECH. ATT A GENERALL ASSEMBLY BE-

GUNNE AT JAMES CTTTY THE 8*

OF JUNE 1680.

By the Councell & House of Burgesses.
In concurring with his Excellencies Speech in demonstrating the Estate
of affaires in Relation to the Indians & other things therein contained.

And as evill accidents are seldome without their Concomitants, soe the
Low price and Value of its only Cofuodity Tobacco doth aggrevate &
heighten its misery, for tho' by God's blessing there is such plentie of it
as might well support every man in his private capacitie & enable him
to contribute liberally to the publique, whereby good Stypends might be

312 COLON I AT. RECORDS.

given to those in Military imployment & for the defence of the Conntry,
yet such is the unhappiness of it tliat it will not supply the soldiers with
cloathes for their wages nor arnies and amunition for the Service they are
in, neither can the Country hope for any redress in this their deplorable
Estate, unless by his Majesties most Sacred Authority the great quanti-
ties of that Speice-(by some Expedient most agreable to his wisdome) be
abated —

Tes"" ROBERT BEA^ERLEY Clk Assembly
Vera Copia 80

[B. P. R. O. Colonial Papers.]

SECRETARY OF VIRGINIA TO SEC. OF STATE JULY^ &

AUG. 1680

May it please your Hono"

It is now neare six weeks since I gave your bono"' the troul)le of a
Letter. I then informed an Assembly was suddenly to sitt, sumoned by
his Excellency the Lord Culpeper ; the results of whose consultations
(as it is my duty) I herewith send to your Hono" being severall Acts and
Orders, together with an Address to his most sacred majesty, imploring
his grace of a Cessation from planting Tobacco in the yeare 1681, a re-
quest which seems to import such a diminution to his Majesties Customes
in the yeare, that it may be feared itt carryes with itt, itts owne deniall,
tho' for its imoderation wee are so imhappy as to plead our most impor-
tant necessities ; to be our sole manufacture, and by which hitherto this
Country hath only subsisted but now by the excessive quantities made, is
soe under foot that itt will be impossilile for the Inhabitants longer to
support themselves thereby, unless his Majesty will bee graciously pleased
to enjoyn a Cessation, & thereby lessen the quantity & consa|uently ad-
vance the price : By which wee may not only hope for that good, butt
by the yeares imploym' in other aflfayres, our people may bee incouraged
for the future, to divert part of their Labours, in carrying on some other
manufactures & not solely depend upon that uncertayne comodity Tobacco,
which at present is so low, that a whole yeares Crop will not advance to
the ordinary planter whereby meanely to cloath himselfe and itt is to be
feared another yeare will bring us to a more deplorable Condition, there
being now upon the ground the greatest Crops that have been known,
which when finished together with what remaines in that Country, will

COLONIAL RFX'ORDS. 313

be as much if not more, then tlic ships can carry, of, in two succeeding
yearcs from whence itt dotli consequently follow, if a Cessation bee not
the next yeares Labour in Tob : will bee totally spent in vayne

James Citty Right hon*''" yo"^

July 9'" 1680 Hono" most hum"«' &

devoted servant

The dispicable & low price of Tob:° inclines the Inhabitants of this
Contry to thinke of Cohabitation as a principall nieanes to abase the
(luantity of the Comodity, and amend the quality, and the late Assembly
hath made an Act to that purpose, but I much doubt itt may miss itts
wished effect, if not totally miscarry, by the multiplicity of places ap-
pointed for Townes, viz : one in every County. Butt if all ships were
by his Majesty comanded to ride at one place in every great River, and
in every of those places a Town to bee erected, the design would have the
better prospect

Right hon"'
your most humble & devoted

servant

Aug" 20"
1680.

NICHO: SPENCER.

[B. P. R. O. Colonial Papers.]

[Indorsed]

CAROLINA. INDICTMENT OF TH. MILLER REC^ FROM

Y' COMM- OF Y« CUSTOMES THE 15 JULY 1680.

Albemarle County in the ^ At a Grand Councell held for the County of
Province of Carolina V Albemarle, y' Attorney Generall 'M'
November 1679. j George Durant

exhibited the subwritten Indictm' against Tho. Miller & the evidences
to prove it & desired justice and that prosses of law might pass against
him haveing Boraken prision

Thomas Miller thou standest indicted by the name of Thomas Miller
of this County Apothecary for that thou not having the feare of God
before thine eies but being stirr** & moved bv v' Instigation of the Devell
36

314 COLONIAL RECORDS.

& out of the Rancor & malice of thine hart forethought & didst in a
Rebellious Trayterous manner at the house of Tho. Harris some time
in or about the month of November 1673 utter & declare these fol-
lowing words viz' That it was never good times in England the King
came in nor never would so long as there was a King in England
and at the House of Capt. James Blount did saj when discourse was
about the Royall issue & report was the Duke of Yorke was dead that
you hoped that som of the rest would not bee long after him & some
time in the month of June 1676 at y'' House of the afores* Harris did
utter & declare y' thou wouldst not loose thy life for y^ King nor for
never a man that weares a Head & that y* King sometimes sett his peo-
ple to fight in unrighteous causes & y* of all Religions in the world the
Cavaleares were the veryest Rogues & that there were noe righteous
dealing amongst them by reason the King had his hand in a whores
plackett which words are contrary to y* peace of our Soveraign Lord y'
King his Crown & Dignity & contrary to the forme of y° severall stat-
utes in that case made & provided & to aggravate yo'' Crimes you have
infamously abused our most illustrious L*" Proprlato'' & w*"" the abetters
& assisters have broken prision & escap* to evade the stroke of justice

GEORGE DURANT

Attorn^ Gener""
Vera Copia. Roht. H(h.dkn, Sec''^

The Deposition of John Culpeper aged thirty one yeares or there-
abouts saith ; that being at the house of Thomas Harris in or about
November 1673 in discourse w'" Thomas Miller y" s'^ Miller then s" y'
It never was good times in England since the King came in nor ever
would be so long as there was a King in England w"*" words this deponent
suddenly after declared to M' Jno. Nixon ])eing then a Magistrate & he
made answer that I this deponent was but a single evidence & y' con-
trarv to his advise tt councell y* s* Miller would bee allways talking of
such matters or words to y* same elect ct further saith not

Sworne before Lieut. JNO. CULPEPER.

Col. Richard Foster.

Vera Copia. Rob' Holden, Sec''^

Lawrance Gonzales aged 30 yeares or thereabouts deposeth & saith y'
som three yeares agoe y" deponent being at Capt. Blounts some discourse
riseing but how begun y"" deponent knoweth not but heard to y* best of
y"" deponents knowledge talking of the Royall Issue y' some of them was
dead & y' s* Miller s"* he hoped y' some of y" rest would not bee long

COLONIAL RECORDS. 315

after to y' deijonents best of his knowledge was y" Duke of York & y^
deponent further saith y* being a subject he infornietl Coll Jno. Jenkins
of the same & further saith not

LAWRANCE GONZALES

Sworn before John Harvey Esq

& Rich'' Foster Esq
Vera Copia

ROBT. HOLDEN Sec'^

The deposition of William Cockin aged 35 years or thereabouts who
deposed saith y' about one month since at the honse of Tho. Harris he
heard Thomas Miller express & say (without any provocation given as
this deponent knoweth) to one there present George will you loose y"" life
for the King, the s** George answered yes, had I as many as I have hares
upon my head y" Miller answered thou art a fooll, why s^ George will
you not loose y" life for the King noe answered Miller nor for any man
that weares a head, why s'^ George what if the King should make you
Captaine of one of his best shipes would you not then fight for him noe
s'^ Miller except in a righteous cause, why s'* George doth the King sett
his subjects to fight in unrighteous causes, y' s"* Miller answered some
time he sets his people to fight in unrighteous causes, One Thomas Willis
being by s'* if you were in place where you would bee cutt in peeces for
that-vvordes further this deponent saith y^ s'^ Miller s** that there was noe
righteous dealing among the Cavaleares for the King had his hand in a
whores plackett & further saith not

WILLIAM W COCKIN

Sworne before me the 26"" July 1675

John Jenkins Vera Copia Rob' Holden Sec'^

The deposition of Thomas Willis aged 28 yeares or thereabouts who
deposed saith that all & every the M'ords artickles and sentences whicli
are above expressed & sworn to by William Cockin are trueth & no-
thing but the trueth & further the s* Miller expressed at the same time
& said that of all Religions in y° world the Cavall" were the worst
Rogues & y' there was no righteous dealing amongst them & further y'
s'^ Miller s'', how can there be Righteous dealing amongst them when tlie
King hath liis hand in a whores plackett & further saith not.

THO. WILLIS

Sworn before mee

July 26'" 1675 Vera Copia

John Jenkins Robt. Holden Secret'''

316 COLONIAL RECORDS.

The deposition of Diana Harris aged 32 yeares or tliereabouts saith
that Thomas INIiller being in hir house in discourse s** y' of all Religions
in the world the Cavall''' are the veriest rogues & Tho. Willis answered
why soe & Thomas Miller replyed againe how can there be righteous
dealing when y^ King hath his hand In a whores plackett & further saith
not. hir

DIANA X HARRIS
marke

Sworn to in C'ourt this 29"" March Vera

1676. J°" Jenkins Esq" & acknowl- Copia

edged before the Grand Councell by Robt. Hoi.den

hir selfe held Noveml/ 1679 in y* Secret"^

County of Albemarle myselfe present

The deposition of Jno. Davis aged 34 yeares or thereabouts saith y' the
deponent being at his owne house & M"" Tho. Miller being there the s*
Miller discoursing conserning the County s"* y' the Lords had granted
that to the Countery that they would not grant him and that y^ s* Miller
admired at my L** Ashley y' was as wise a man as any in England & y*
s** Miller s'^ y' the L'^* was turned fooles or sotts or else they would not
deal] soe unjustly by him & if he were in England he would tell them on
it to there faces & further saith not

JOHN DAVIS

Sworn before the Grand Councell Novemb' 6"" 1679 Vera Copia

Robt. Holden. Secret'^

All the above declarations apeared against him (the last deposition ex-
cepted) before the Palatine Courtt held August last in the County of
Albemarle present Jno. Harvey Esq. Governo'" now deceased, myselfe,
Anthony Slocomb Esq'* James Hill Esq"''' & Thomas Biggs Esq'* & made
good to his face whereupon the Gov' & myselfe signed his mittimus &
comitted him to the custody of Tho. Leper a Marshall from whence he
escaped by the assistance of James Hill Timothy Biggs Esq Jno Taylor
Henery Hudson & som others, whereupon he was followed by hue & cry
into Virginea & hee obtained the Gov' of Virginea S' Henry Chichly
spetiall warrant under his hand & Scale (w"** hee have) to aprehend him,
but he escaped thence in one Fen contrary to y* s^ spetiall warrant &
Knowledge of s* Fen to whome the warrant was showne. There was
allsoe at y' same time another indictm* exhibited against him for Blas-
phemy w"*" is as followeth w"" the evidences. Tho. Miller thou standest
indicted by y" name of Tho. Miller of this County Apothecary for not

COLONIAL RECORDS, 317

liaving the foare of God before thine eies but being stirred & moved by
tlie instigation of the Devill on or about y' IS"" day of November 1675
in most Atheistic-all & Blasphemous manner didst utter & declare these
words or to y' same efect In speaking of the Sacram' of the Lds Supper
y' is to say whats that a litle hogs wash putt in a piggs trough w'^'^ words
were spoken at the House of M^ Francis Godfrey & are contrary to y^
Laws of God & our Soveraigne Lord the King his crown & dignity &
against the forme of severall statutes in that case made & provided & to
agravate y' crimes you w'" abett" & assisters have broken prision & es-
caped to evade v* stroke of justice

GEO. DURANT Atto"^ Gen"

The deposition of Jno. Nixon aged 54 yeares or thereabouts Being at
y° House of Francis Godfrey did heare a discourse between one Patrick
Jackson & Thomas Miller about the s** Jackson going to Virginea y' s"*
Miller did aiirme that Jackson was there to inform M' Druramond of y°
afares of our country or words to y' purpose y^ s"" Jackson s*^ y' he M'ould
lade it on his Sacram' y' it was notsoe, y' s* Miller s" y' hee looked on his
Sacram' to bee but as a p'cell of Hoggs wash or words to that purpose &
further saith not.

J- NIXON.

The deposition of Jno. Dye aged 47 yeares or thereabouts saith That
y' deponent being at the house of M"^ Francis Godfrey about y^ first day
November 1675 y' deponent heard Tho. Miller tax Patrick Jackson
about carrying a letter into Virginea concerning him w'='' the s* Jackson
denied he knew of no such matter saying he would lade the Sacram' of
it to w"" the s* Miller replied y' Sacram' whats that a little Hoggs wash
powred in a pigs trough and further y' deponent saith not

JNO DYE

Sworn before Richard Foster & John Dye owned this deposition be-
foi-e the Grand Councell held in the County of Albemarle Novemb''
1679

Vera Copia

RoBT. HoLDEN, Secret'^

318 COLONIAL RECORDS.

[B. P. E. O. Colonial Papers.]

[Indorsed.]

COPYS OF LETTERS FROM TIM. BIGS COMPTROLI/ OF

THE CUSTOMS IN CAROLINA.

V Rec'^ from y" Comm" of y" Customs

the 15th of eJuly 1680.
B B.

P. 21.

M' Robt. Holden,

S' Being I have Rec* Acco" ft"om y" Comiss'" of his Ma''*^ Afaires & a
dujjlicat of w' is sent you, as you liave y^ lyke of myne, I yesterday sent
my Dep'^ M' Sam" Pricklove to discourse w"" you in severall Respects;
In ord"' as I am Comanded for yo"' further Information becaus I would
let nothing be undone on my part, but I am Informed that though hee
offered himselfe to you in order y^'unto, yet you would take no notice
of, nor did not speake w"" him. I have found und"^ yo"' hand that you
have under written my deputy in liis officiateing his Ma"*' bussines that
hee is none of his Ma""* officers. S"" you know I have power to deput a
deputy & that I have deputed him y* w"'' was admitted of by y" Gov'n'
Harvy & "^formed w' y* La\v in his Case Required & therefor I desyre
as he is his Ma"" officer that he may proceed acordingly & Receive no
opposition from y'selfe or any other or y' Reasons for the Contrary that
fraud may be prevented. S' I doe alsoe desire you '^ him let mee have
Aco" of yo'' proceedings in his Ma"*' service, you know his Ma"*' Letf to
y* Gov'n'' \\'as only for to advize w"' the Survay'' Gin"' what places was
proper for his Ma"** office & for vessells to come to be survayed at & it was
C'Onclud on by y* Gov'n"' & Lords dep'^*' It shoidd be heare — so y' I
expect y' all Vessells w* come in at Ronoak come up hither accordingly
& for those y' Come in at Caratuk inlet I will take further care by my
deputyes S' I am Informed you are a sending M' Edw. Wayde who
was High Shreefe of this County, from hence or a banishing him ther is
a matteriall Evidence for y* Kings Ma"* Touching what I am to assist
you in foi- further Aco" of what Is due to his Ma"* Its not y'for Con-
venient he be wantinge when tyme shall sarve for his Testifying his
knowledge for his Ma"* This S' Is the needfull of my duty for his
Ma"*' sarvices & all at present from yo"" friend

TIM" BIGGS Compt" & Survay" Gen" 1679.

Att my office on litle River poynt Albemarle Feb"'' 4'" 1679.

COLONIAL RECORDS. 319

The above is a True Copy of" a Lett"" sent to M'' Robt. Holden & d*
by Richard Standerweek in the p^senee of Coll" Jno. Jenkins M' Jos.
Seott tt Paul Latham at y' house of George Durant y' 4"' Feb"^^ 79 & y"
s^ Standerweeke asked y° s** Holden for answer & liee Replyed he had
nothing to do w"" y® s** Biggs or Standerweek Either vary Angrily &
after '^useing it & so put it in his pocket as is witnessed this p''sent
day f RICH'^ STANDERWEEKE

Testis Tymo. Biggs.
Sam" Peicklove.

After this Reply, I sent my dep'^ on his bussines w*** a speciall warrant
lieare lying two New England Vessells Layden & Cleared "^
to depart of w* This following is a True Coppy
By y° Compt"^ & Survay'' Gen"
Albemarle
M' Sam" Pricklove

S' I understand severall Vessells in this Country are upon departur
& wheras I am informed M'' Holden hath und"^ written one of his Ma''°^
Officers for w'"" this day I sent To know his Reasous but he will send
non & that fraud may be prevented These are in his Ma*'^^ name To will
and Require you to Goe on board on all vessells as are afores*^ & see the
Law in ther severall C'ases be ^formed & Executed according to vo""
office duty & instructions for w°^ this shall be yo'^' suffitient war' Given
und"" my hand this 4"' of ffeb""^' 79 at my office I^itle River povnt

TIM" BIGGS, Compt-^ & Survay-^ Gen"

My deputy being upon y*' Execution of The afores* Warrant was
■^sned & seized by the Grand Marshell of the Country by ord'' of v'
Afores** Robt. Holden (as a Member of y" Govern') & w" he was acting
y''iu was bawled away befor he coukl act his duty & earryed ashor kept
close prisoner & the vessells departed w"'out any deue Survay &c. as
Wittnes mv hand.

TYM° BIGGS, Compt'"^&c.

Upon which — I sent up to y" Authority y" mett w"" y" s* Holden at
y'' place befor s* George Durrant house y"" Court house & his office the
following lines as my protest ag" such proceedings — this being a True
Coppy

320 COLONIAL RECORDS.

By Tim" Biggs, Dep''' To the Earle of Craven & Compt^""^ & Survay'
Gen" of his Ma"^^ Customs

These p'sents witness that I in "^snance of ord""' Rec* from ye Rt Wor-
shipfull the Commissioners of liis Ma''*' Customs in London proceeded
as is befor inserted & Expressed and am only not Answered by the Co-
lect' but he hath oi*''* my deputy to be seized by y" Marshell of the
County w" he was upon his Ma"*' Imploy & in the officiateing his office,
& by Evidence to mee mayd carried him a way prizoner w**'out suffering
ISIy s"* Dep'-" to do liis duty or had done his office by w"" his Ma'"' Con-
sarnes is like to suffer & not only in tliat but Li y** Colecf^ sufferings (as
one in Authority joyneing) in sending of or Banishing M' Pxlw. Waade
High Shreefe, whoe is a very materiall Evidence for the Kinge & whither
to, Is not yet made knowue, —

I doe therfor for safety of my Security & Oath & Clearing myselfe
Entre this Instrument of writing as my protest, ag" y* afores* Colect'
M' Robert Holden & desyre tliis to be Recorded & attested to mee bake
by y* Clarke of y* Court that it is so efected, that I may send it to Eng-
land That my ma" may see my Readines & faitlifidnes in proceeding
according to yo' ord"^

Given und' my hand at my office t)n litlc River poynt y* o"" Feb''
1679. TIM" BIGGS Compt &c

All these l)efor writteings I sent as is Expressed to M"" Holden but
could have no answer so I after sent y" to one in y* Authority w° y* satt
as a palatine Court inch>sed to Capt. Willoughby who Is dep'^ to y'
Earle of Shaftsbury c't Regester publique of the Country to request him
to Cause y" to lie Recorded or if denyed it "^ y' Authority y' y" he und'
his hand would signify the same as y' Coppy of his Letf hearew"" sent
will informe (but he sends no answer) though promised he would.

At my office on little River poynt Feb" 5th 1679.
Much Hon"'^ S'

I am joyfull you are come up to Court <& am thankfuU you stopt y'
viallence some went w"* ag" mee I would gladly have vizited you, but am
Resolved not to come to M' Durrants house upon any Aco" whatever
haveing already given my sufficient reasons to y' Lords propriat" y'fore
S' haveing Rec* Lett" from y* Rt. Worshipfull Comistioners of his Ma"*'
Customs I proceeded w"' y* Colecf^ as heare Expressed you will '^ceive
& I humbly Request you will be pleased the ord'ing y™ to bee Recorded &
they sent mee Attested by the Clarke that it is soe Efected That thereby

COLONIAL RECORDS. 321

I may give y* inor Ample At-o" to my Ma""' The w'" S"' if Refussed &
deiiyed "^ the Authority I then pray you -will as publique Regester for
this County Attest y* denyall y'of under yo"" liand back w"" y^ inclosed

S'' It is a vary hard Case that I Cannot imploy any Ingenious man in
his Ma""' service — but he shall for one false pretence or other be displact by
Arrests or otherwayes & w" in tlie due Plxeqution of y" Office — sS"" y" Kinges
Ma"'' Lett' to y* Gov'n-- was for him to Advize w*" The Kings Survey' &c.
of places proper for Vessells to com to for survay of & y' office to bee att &
by y" Gov'n'" Harvey & Ld' dep'^' it was concluded on should bee heare to
w"*" I have proceeded Accordingly & Expect y' all Vessells y' come in at
Roanoak Inlett by this present Authority be ord'* Accordingly & not I
to Come To y' Colect''' office for Certificats as hee thinks to force mee)
but should find them on board Vessells or w**" goods Layden or unlayden
afler Entrys mayd, Else all good w"'out such Certificates y' Entry is
mayde y" ai'e seazable — I pray S"" you will please to take care my
deputy M' Sam. Pricklove who at p'sent for w* I know not, Is a prisoner
■p M' Holdens Ord'' y' he may have speedily a Tryall y' so hee may
proceed to manage his Troust y* fraud may be prevented & y' y' Country
may not want y' Land survayed he being my dep'^ on y' Aco" also & if
he bee not EnuflPe I am Ready to deput more, for non can act y'in but
by Comition from mee or a mor Imediate Comition from my ma' S' I
should be glad to see you & Informe you amongst other things w' news
I have from Whithall Touching M' Sothells Redemption & am S' Y'
frind & Sarvant

TIM° BIGGS
1679

This Lett' w"' y" inclosers d'' by M' Jonathan Whithall to Capt. Jno.
Willoughby & after ^usall promised M' Whitthall he would send or
bringe mee a Answer, at breaking up y' Court y" w""" y' s* Willoughby
hath not '^formed to y' day & Court brok up 8 dayes sence y' 16 Feb'y 79

Teste TIM° BIGGS. Compt' &c

(Directed) Sondry Copys w"" a Lett'
To Capt. Jno. Willoughby of

Matt'= Relaites his Ma"'' affaires
For y" Comittioners fuller
Information

37

322 COLONIAL RECORDS.

[B. P. R. O. Colonial Entry Bk. No. 106. p. 181.]

AT THE COMMITTEE OF TRADE & PLANTATIONS IN

THE COUNCIL CHAMBER AT WHITEHALL

MUNDAY THE W OF JULY 1680.

Present
Lord President M' Hyde
Earl of Bathe M"^ See"^^' Jenkins

LTpon reading the petition of M' Miller concerning Carolina referred
bv an Order of Council of the 14"' in.st it is thought fit that a copie of
that petition and others lately presented by hira and received from Tim-
othy Bigs Comptroller of the Customs in Carolina bee sent to the Lords
Proprietors of that Province with directions that they attend the Com-
mittee with their Answer on y* lO*"* of August next at ten in the morn-
ing and that copies bee alsoe sent to the commissioners of the Customs
and their Attendance required at the same time And whereas upon the
19"" of February last the Lords Proprietors and the Commissioners of
the Customs were desired by the Committee to meet and conferr together
in order to agree on some proposal for resetling that government and the
peaceable and due collection of His Maj""' Customs in that Province and
to make Report thereof unto the Committee the Lords of the said Com-
mittee doe therefore expect to receive the said Report fi'om the Lords
Proprietors and Commissioners of the Customs at the same time.

N. B. — There was no Meeting of the Board between ITtli August and 7th September.

W. N. S.

[B. P. R. O. Colonial Papers.]

[Indorsed.]
GOODS SHIPPED FROM CAROLINA TO LONDON.

An Acco* of Tobaco shipped by Zachariah Gillam from Carolina for

London & Holland on acco' of ^I' John Bi'owne M' Thomas Sands &c.

lfi7fi-7 Hhds )^ Shipped on board y^ young Prince Capt. Robt Morris

89. J Command"" for Holland who cleared at y^ He of Whight.

91. ) Shipped in y^ William & Robt. Capf Giles Bond

J Comand' for London.

COLONIAL RECORDS. 323

1 677-8 1 96. \ In y' Honor & Dorothy Capt° Jno. Moore Comani? for
/ Holland who elear'd at y^ He of Whight.
90. In y*" Kent for London Capt John Lynes
107. In y^ St. Thomas for London Capt. Anthony Fen
111. In y'' Carolina for Loudon Zachariah Gillani
1678-9 173. In y'^ Carolina for London Zachariah Gillani
32. In y^ Recovery for London William Hamond

889 hhd.s y^ Totall

ids 1 In y' I
3 j of Wil

hlids ]^ In y' Recovery for London William Hamond on ace'
William Craford.

[B. P. R. O. Colonial Papers.]

SIR PETER COLLETON TO WM. BLATHWAYT 9. AUG.

1680.

ToNBRiDGE Wet.ls the 9* of Ana;. 1680.
Sr ^

Haveing been of late indisposed my Physician advised mee to take
Tonbridge waters for the regaineing my health and I was in hopes to
have compleated the time p''8cribed mee to take them before the 19"" of
Angnst bnt haveing had a toutcli of an Agne I was thereby constrained
to leave takeing them for 8 days w'''' hath pntmee so much back, Where-
fore humbly desire the favour of you if possible to obtaine of the Lords
of the Comittee of Plantations 14 dayes time more for the answearing
M'' Miller's Complaints for those papers that relate to that affair and that
are not in the hands of my Loi'd of Shaftesbury are in my possession so that
the Lords Proprietors of Cai-olina that are in London will not bee well
able to answear M' Miller's petition without my being in towne & if I
come to town the time for takeing the waters will be past w"'' may be
very prejudiciall to my health, wherefore humbly begge your assistance
in procuring the time I desire & that you will please by a line or two
directed to mee to Tonl)ridge Wells to signifye to mee whether my re-
quest be granted or no that I may govern ray selfe accordingly w"'' will
infinitely oblidge (n,

Yo'' most humble serv'

P COLLETON
[Indorsed.]
From S"" P. Colleton ab' y* Business of Carolina.

324 COLONIAL RECORDS.

[B. P. R. O. B. T. Va. Vol. 58.]

ORD' OF COUNCIL FOR COLLECTING LEVYS OF THE
INHABITANTS OF CORRATUCK

At a Council held at James City y' 25* of September 1680
Present

S"" Heniy Chieheley K°' Deputy Governor &c.

Upon the reading tlie Letter from the Government of Carolina & (this
letter nor remonstrance not to be found) Remonstrance therewith sent is
ordered that M' Secretary transmitt y' same to his ExcelP^ the Lord Cul-
peper that by his Lordship the same may be represented to his most
sacred Majesty & most hono'''^ Lords of the privy Council And it is like-
wise Oi'dered tliat pursuant to an order of the last Assembly the sheriff
of Lower Norfolk County do proceed to collect Levys of the Inhabitants
of Carrotuck as hold their Lands by patents from this Governments and
that M'' Secretary write to hiui effectually therein.

S' HENRY CHICHELEY'S LETTER TO THE SHERIF OF
LOWER NORFOLK.

M' Keeling

How you was obstructed in the performance of your duty relateing- to
vo'' taking a Ijist of Tithables as directed by his Exeellcys Ijette' pursu-
ant to an order of Assembly, myself and the Council are well informed
therein, with whose advice you receive this Letter being to require you
to proceed in the collection of your Levy from the Inhabitants of
Blackwater and Corrotuck as directed by his Excellencys letf upon the
order of Assembly in which just proceedings it cannot be thought you
should meet with any I^ett hinderance or molestation, but if any should
presume under what pretence soever to obstrm-t or molest you, You are
in that Case to signify the same unto me I am

Your affectionate friend

HENR CHICHELEY

September y' 29"' 1()80

COLONIAL RECORDS. 325

[B. P. R. O. Colonial Papers.]

PETITION OF TIMOTHY BIGGS TO THE EARL OF
DANBY,. LORD TREASURER

[20 Nov. 1680.]

To the R' Houo"^ Tho. Earle of Danbv Ld High Treasur' off Eng-
land, the humble petition off Timothy Biggs Deputy Collect' off his
Maj"'' Customes in Albemarle als Roanoake in the province of Carolina
authorized thereunto by Tho. Miller Esq. Comissioned chiefe Collecto'
by yo'' Ldshippes order to the Comission" of his Maj*'*' Custome house
in London.
Sheweth

That your petio' had reced about 100 hogshds of Tobacco on his
Maj"'= acco' in the s'* County from the New England Men for 1* ^ ft C'us-
tome on Tobacco transported thence and should have reced some weekes
after about .300 Hogshds more w"*" were due on Arrears of w"** the s*
Miller in order to his Instructions from the Comiss"^ made demand &
had taken care for Vessells to shipj^ the same of: But several factious
persons in the s"* Countrey in A rebellious maner about or on the 3''* dav
off Decemb"" last, seized his Maj'"" Collecf and all his officers together w"*
the Comand' in cheife of the s'* County and all the Meml/' of the Coun-
sell & other Officers of the Governm' that would not submitt to or act
w**" them iraprisoninge them, debaringe them of inke and paper or anie
accesse off" friends to them, they seized and tooke from his Maj"^' Offi-
cers all his Maj"^^ concernes there and suffered New England vessells to
depart w^'out shewing or paying his Maj"^^ dews after w""" yo" petio' made
his escape from his imprisonm' and hath taken this voyage to give yo''
Lordshipp A true state of this matter Most humbly praying yo"" Lord-
shipp will bee pleased to consider his cai"e trouble and great charge
herein and that w*"" new orders obedience may be comanded off those
rebells and his Maj"^' dews received.

And yo'' petio' shall ever pray &c.

(Indorsed)
Pet" of Tim. Biggs to the E. of Danby

Read y* 20 Nov. 1680.
B B

Papers relateing to Biggs
transactions when he
was in England 1678

P. 28.

326 COLONIAL*RECORDS.

This Petition by direction of y" U' P'p^t" I p'sented to y' Rt. Hon"'
y* L** Tresurer about May 1678 In p''senee of his Grace y' Duke of Al-
bemarle who upon '^u.sall of my petition & affidavit Or'd""* mee to draw
a Petition To y^ Kings Majesty & Counscill & y* same w"" myn Affida-
vit To p''sent unto them, but I was afterwards ord"^ by y" s"* Ld**' P'p't"
for Reasons best known to themselves to disist.

Given uiK? my liand y* lo**" Aug* 1079

TIMO. BIGGS Dep'^ to y« Earle of Craven.

I the subscribed doe Averr and am ready to be Deposed that the above
written attestation and averm' concerning y' Deliv''y of the within Peti-
tion is the hand of M"" Timothy Biggs

JNO. TAYLOR
1679.

[B. P. R. O. Colonial Papers.]

ANSWER OF THE LORDS PROPRIETORS OF CAROLINA
READ THE 20 NOV. 1680.

In obedience to yt/ I/ps coiiiand in yo'' ord'' of the 19''' of July we
have perused the petitions of jSP Thomas Miller and jNP Timothy Biggs
and some of the Inhal)itants of Albemarle in Carolina and according to
the best information we can att present gctt linde the matter of fact they
complaine of to be as followeth. —

M' Thomas Miller without any legal! aidliority gott possession of the
government of the County of Albemarle in Carolina in the yeare 1677
and was for a tyme quyetly oljeyed but doeing many illegall and arbi-
trary things and drinking often to excess and putting the people in gen-
erall by his threats antl at'tions in great dread of their lives and estates
and they as we suppose getting some knowledge that he had no legall
authority tumultuously and disorderly imprison him and suddainly after
M" Biggs and M' Nixon for adhering to M"^ Miller and abetting him in
some of his actions and revive an accusation against M"" ]\Iiller of trea-
sonable words for which he had been formerl}- imprison'd but never tryed
And appoynt M"" Culpeper to receive the Kings Customes dureing the
imprisonment of M" Miller and did many other tumultuous and irregu-
lar things. M'' Bigs makes his escape and comes home to England and
gives us informatit)n of these disorders upon w"'' we gott one M"" Seth

COLONIAL RECORDS. 327

Sothell who is iiitorestcd with us to iiiidertake tlie Government who
being a sober moderate man and no way concerned in tlie factions and
animosityes of the place we doubt not but wouUl settle all things well
there and to \vhome we gave Instructions to examine into the past dis-
orders and punish the offenders. And the Comiss''^ of his Maj'^ Cus-
tomes gave him also a Comission to be Collecto'' of his ]\Iaj'' Customes
in Albemarle but ]\I' Soutliell in his voyage thither was taken by the
Turks and carry ed into Argiers.

As soone as we heard of M'' Sothell's misfortune we sent a Comission
to one M'' Harvev to be Gov'' untill M'' Sothel's arrivall there, whose
release we speedily expected With this Comission went M' Robert Hol-
den whoome the Comissioners of the Customes had appoynted C-ollec^tor
of his Maj"*^ Customes in Albemarle in the roome of M'' Sothell ; both
these Comissions as we are informed were quyetly and cherefully obeyed
by the people and M"" Holden hath without any disturbance from the
People collected his Maj**^ Customes there and sent part of it home to the
Comissioners here and part of the Customes having been made use of by
the people in the tyme of the disorders they have laid a Taxe upon them-
selves for the repaying it to M"" Holden the present Collector

Not long after the settleni' of the Govern m* in M"" Harvey he and the
Council (as we are informed) did committ M"^ Miller againe in oi'der to
the bringing him to a Tryall for the treasonable words he had formerly
spoken, But M"" Miller breakes prison and comes for England And not
long after M'' Bigs (who is by the Comissioners of the Customes ap-
poynted Surveyor of his Ma'^' dues in Albemarle) and M' Holden the
Collector quarrell among tliemselves and M'' Bigs witlidrawes himself
from the Councill and perswades James Hill the Duke of Albemarle's
Deputy to doe the same, hopeing thereby as we conceive to make a dis-
turbance in the Governm' Since then M'' Harvey is dead and the Coun-
cill have chosen Col. Jenkins to execute the place of Govern'' untill we
shall appoynt another and all things as we ai-e informed hy letters from
thence beareing date May June & July last are in quyet and his Maj*^*"
Customes quyetly paid by the People, though M' Bigs hath endeavoured
to interrupt the same together with some (jthers who being, as we are in-
formed prosecuted for ayding M" Miller in his escape and other misde-
meanors are withdrawn into Virginia and which we conceive are the per-
sons whose names are to the Petition presented to his Majesty. And this
is the truest ace" we are able to give your Lordships how the cases of M"^
Miller and M' Bigs appeares to us. And to prevent the like disorders
for the future which hath been in great measure occasioned bv factions

328 COLONIAL RECORDS.

and animosityes in whicli most or all of" tlu' Inhabitants have been en-
gaged

We are sending Capt. Wilkinson thither rTOvern"^ to whoonie we shall
give Instructions to examine into the past disorders and who being a
Strang"^ and not concerned in the factions and animosityes we have reason
to hope will manage things with moderation and doe equall justice to all
partyes and we undertake will take care so to settle all things that his
Maj'°° Customes shall be dnely paid to whomsoever shall be appoynted to
collect the same.

Notwithstanding we think it our dutye to infbrme your Lordships that
we are of opinion M"" Miller being deeply ingaged in the Animosityes of
the place and having by divers unjustifvable actions as we are informed
(besides Indictments found against him) renderd himself lyable to the
sutes of perticnlar persons for Injuryes donne them from which he can-
not by Law be protected That a Strang'' will doe his Maj*^° better service
in that Imployment than M'' Miller and more conduce to the continuation
of the qiiyet of the place which we submit to yo"^ Lord''^ great prudence
and rest

Your L*ps most hum"" Serv'*

CRAVEN
SHAFTESBURY

P COLLETON

[B. P. R. O. Colonial Entry Bk. No. 106. p. 234.]

AT THE COMMITTEE OF TRADE & PLANTATIONS IN

THE COUNCIL CHAMBER AT WHITEHALL

SATURDAY THE 20'" OF NOV

1680.

Present
Earl of Sunderland. M'' Hyde
Earl of Clarendon. L* Ch: Just: North

Earl of Halifax. M"" Godolphin.

The Lords Proprietors of Carolina viz : the Earl of Shaflesbury, Earl
of Craven and S'' Peter Colleton attend in pursuance of directions signi-
fyed to them by order of the Committee dated the 19* of July last
whereby their Lordships and the Commissioners of the Customs were
desired to meet and conferr together in order to agree on some propo.^al

COLONIAL RECORDS. :i29

for rest'tling tliat Government and the peaceable and dne collection of hi.s
Maj''"^ Customs in that Province and to make report thereof unto the
Committee And Thomas Miller Collector of the Customs there having
presented divers petitions to his Maj'^ in Council concerning Carolina on
the 14* of June and 30"' of July which had been thereupon transmitted
to the Lords Proprietors the said Petitions are now read M" Miller being
alsoe present After which the proi)osals made by the Commissioners of the
Customs unto the Lords Proprietors containing three particulars concern-
ing the Customs and His Maj"*' Officers are alsoe read together with the
Answer of the Lords Proprietors upon the petitions of Thomas Miller
and Timothy Bigs. •

Divers other papers presented by M' Miller touching the late disorders
in Carolina and the hardships hee and others of his Maj"^^ Officers had
suffiired there are alsoe read as likewise several papers delivered by the
Lords Proprietors concerning the behaviour of M'' Miller in Carolina.

Upon consideration of the whole matter the Lords of the Committee
think fitt that the Lords Proprietors and the Conmiissioners of the Cus-
toms doe finally agree on the best method for the recovery of the arrears
of Customs due to His Majesty and the collecticm of such as shall bee
payable for the future To which the Lords Proprietors signify their
consent and doe fui-ther promise according to what is proposed by the
paper presented l)y the Commissioners of y" Customs to procure by their
authority and influence in Carolina all just satisfaction to bee made unto
Thomas Miller and the other officers of His Maj""' Customs for the losses
they have injuriously sustained in that Country And also to use their
utmost power to secure them from vexatious suits.

[B. P. R. O. ('oLONiAL Papers.]

COMM'^ [OF THE CUSTOMS] PROPOSALL FOR RECOVERY
OF THE ARRE°ARS IN CAROLINA 15 APRIL 1680

Read the 20 Nov' 1680

Proposal Is for the Recovery of the Arreares of his Maj'' Custoraes
in Albemarle in Carolina and for the Restitucon & Reperacon of the
Estates of the Collector & his Depntyes Taken away and Damnifyed in
the late Rebellion and for the future setling the Colleccons.

Imp" For the recovery of the Arreares.
38

330 COLONIAL RECORDS.

When y* Inhabitants of Albemarle shall be reduced to the due obe-
dience of the Lawes by such Wayes & means as y' Lords Proprietors
shall find necessary For that end that a Commission shall be issued forth
by their Lo"" Authority to such as the Comm''" of the Customes shall
nominate to enquire upon Oath what Tobacco in specie Bonds or other
Specialtyes for Tobacco Monyes <&c. w"*" had been taken for the Kings
dues by Tho. Miller Collecf or his Deputyes and was taken out of his
or their hands in the late Rebellion aforesd to whose hands the same
came at any time since & in whose hands they now are or any part thereof
And by whome the same were at first Taken away or to ^hose use or
uses whether Inhabitants or Foreighnei's the same or any part thereof
hath been Conyerted As also to Enquire what dutyes have been since
Collected and by whome And to call all "psons to Acco' who have inter-
medled therew"' or received the same As also to Enquire what has been
sent to other plantacons to escape the paym' of the Duty since the late
Rebellion and by whome & to whome the same was sold and by whome
y* same was shipped or carried away by sea To the End the Comm" of
the Customes may be fully apprized of y® whole matter what is reasona-
ble & what not & w' is fitt to be done ftirther therein Either as to p'se-
cucon or Remission.

2. For y^ Restitucon & Reparacon of y' Estates of y" Collector &c.
That M'' Miller & his deputyes be restored to their Employm'' and Es-
tates in whatever specie whereever to be found w"^ they had at the Time
of the s^ Rebellion from them And be fully repaird or as ranch as may
be for any damage done them in their Estates by sush l^sons to whose
hands the same came or by whome they were Taken away or Embczled
And to this End also That another Comission be issued forth to Enquire
thereof And that if it be thought fitt That an Act of Oblivion y' as well
the afores* Dutyes to the King as the Estate & damage of the Collecto''
& deputyes aforesaid be Exempted out of y* same And y' by y° s* Act or
some other p'vision may be made for y' better recovery thereof And y' it
may be made highly penall for the future to oppose such Collecons &
Collectors.

3. For the settling his Maj**^ Customes for y* future That y" Lawes
made for y'' same be duely observed and put in Execucon And y' the
Govern' & all in Authority be Enjoyn'd to give all Countenance and as-
sistance thereunto.

COLONIAL KECORDS. 331

All w* is observed by y' Com" of his Maj'' Customes to y' Lo*' p'pria-
tors of Carolina.

RICHARD TEMPLE
FR MILLINGTON
JOHN UPTON

Custome House London 15 Apr. 1680.

RECORD OF CULPEPER'S TRIAL FOR TREASON.

[B. P. R. O. Coram Rege Roll. 32 Charles 2. Trinity. Part 2. Roll 214.]
Midd:

Alias scilicet die Lnne proxima post Crastinura A.scencionis Domini
nltimo preterit coram Domino Rege apud Westmonasterinm per Sacra-
mentum duodecim Jnratornm proborum et legalinm hominum Comitatus
predict! Jnratornm et oneratorum ad inquirendnm pro dicto Domino
Rege et corpore Comitatns predicti presentatmn existit qnod qnidani
Johannes Cnlpepper nnper de parochia sancte Margarette Westmonaste-
rinm in Comitatn Midd : genero.sns nt falsns Proditor contra Serenissimnm
Dominum nostrnm Carolnm secundnm Dei gracia Anglie Scocie Francie
et Hibernie Regem fidei defensorem et uaturalem Dominnm suum Denm
pre ocnlis snis non habens nee debit ligeancie sue ponderans sed motus
et seductns Diabolica instigacione Cordialem dileccionera et veram debitam
et natnralem obedienciam qnas veri et fideles Subditi dicti domini Regis
erga dictum Dominum Regem gererent et de Jure gerere tenentnr penitus
subtrahens et machinans et totis suis viribus intendens Guerram et
Rebellionen contra dictum Dominum Regem in Carolina adtunc et adhuc
existententes Dominium domini Regis in partibus transmarinis suscitare
et movere et Gubernacionem dicti domini Regis ibidem subveiiere Et
dictum Dominum Regem a regali potestate et Regimine suis ibidem
deponere et deprivai'e tercio die Decembris Anno Regni dicti domini
Regis nunc vicesimo nono FA diuersis aliis diebus et vicibus tam antea
qnam po.stea apud Carolinam predictam in partibus transmarinis cum
diversis aliis falsis Proditoribus Juratoribus ignotis compasisavit imagi-
natns fuit et intendebat Gubernacionem dicti Dominii dicti domini Regis
de Carolina predicta in partibus transmarinis predictis mutare alterare et
penitus subvertere et Guerram et Rebellionem contra dictum Dominum
Regem ibidem movere et levare et dictum Dominum Regem a regali potes-
tate et Regimene suis ibidem deponere et deprivare Et ad easdem nefandis-
simas Prodiciones et proditorum imaginaciones et proposita sua predicta

332 COLONIAL RECORDS.

perimplend : et perficiend : predictus Johannes Culpepper et alii falsi pro-
ditores Juratoribus predictis ignoti dicto tercio die Decembris Anno vices-
irao nono supradicto Et diversis aliis diebus et vicibns postea apud Caroli-
nam predictam adtiine existentes Dominium dicti domini Regis in partibus
transmarinis vi et armis diabolice malitiose et proditorie seipsos assem-
blaverunt et cum vi armata adtuncet ibidem fecerunt et levaverunt Guer-
rara Bellura et Rebellionem contra dictum Domiiuuu Regem Necnon
adtunc et ibidem usurpaverunt contra dictum Doniinnm Regem Regalem
Potestatem et regimen dicti dominii dicti domini Regis de Carolina pre-
dicta Aceciani adtunc et ibidem absque aliqua legali authoritate ci-exerunt
et constituerunt diversas Curias in forma Justicie Necnon adtunc et
ibidem furati sunt et spoliaverunt dictum Dominum Regem et diversos
Snbditos ejusdem domini Regis Juratoribus predictis ignotos de diversis
Bonis et Catallis suis ibidem ad valenciam decem Mille librarnm legalis
monete Anglie contra legiancie sue debit : Et contra pacem dicti domini
Regis Coronam et dignitatem suas Necnon contra formam Statuti in
hujusmodi casu edit: et provis: — Per quod prcceptnm fuit vicecomiti
Comitatns predicti quod non omittat &c quin Caperet eum si &c ad
respondendum &c — Et modo scilicet die Veneris proxima post Crasti-
num sancte Trinitatis isto eodem Termino coram domino Rege apud
Westmonasterium venit predictus Johannes Culpepper sub custodia Wil-
lielmi Richardson generosi Custodis Gaole dicti domini Regis de New-
gate virtute Brevis dicti domini Regis de habeas Corpus ad subjiciendum
ei inde directi in cujus custodia ex causa predicta preantea commissus
fuit ad Barram hie ductus in propria persona sua qui committitur Mar-
rescalcie &c Et statim de premissis snperius ei impositis alloquutus qua-
liter se velit inde acquietari dicit quod ipse in nullo est inde Culpabilis
Et inde de bono et malo ponit se super Patriam Ideo veniat inde Jurata
coram dicto domino Rege apud Westmonasterium die Veneris proxima
post Octabas sancte Trinitatis per quos &c et qui &c ad recogn : &<• quia tam
&c Idem dies datus est prefato Johanni Culpepper sub custo<lia i)refati Cus-
todis Gaole dicti domini Regis de Newgate predicta interim commiss : salvo
custodiend : quousque &c Ad quem diem coram domino Regeajjud West-
monasterium venit predictus Johannes Culpepper sub Custodia predicti
Willielmi Ricliardson Custodis gaole predicte in propria persona sua Et
Juratores Jurate pre dictcper vicecomitem Comitatus Midd: predicti ad hoc
impauellati examinati similiter veniunt qui ad veritatem de premissis dicen-
dum electi triati et jurati dicunt super sacramentum suum quod predictus
Johannes Culpepper non est Culpabilis de alta prodicione predicta in
Iiidictamento predicto specificata prout idem Johannes superius placi-

COLONIAL RECORDS. 333

tando allegavit nee ea oeeasione nnquam se retraxit Ideo Consideratum
est quod predictns Johannes Culpepper eat inde sine &e.
Quietus sine die &e.

1681.

[B. P. R. O. Col: Ent: Book. No. 20. p. L56.]

INSTRUCTIONS TO CAPTAIN HENRY WILKINSON GOV-
ERNOR OF THAT PART OF THE PROVINCE OF
CAROLINA THAT LYES 5. MILES SOUTH
OF THE RIVER OF PEMPLICO AND
FROM THENCE TO VIRGINIA.

1. We haveino; agreed upon a Modell of Government whieli yon will
find signed and sealed by us amongst the records of our County of Albe-
marle to be the fundamentall Constitutions and forme of Government of
our Province of Carolina for ever And not being able att present to putt
it fully in practice by reason of want of Landgraves and Cassiques and a
sufficient number of People However intending to come as nigh it as we
can in the present state of affaires in all the Collonyes of our .said Pro-
vince.

2. You are required as soon as conveniently you can after the receipt
of these our Instructions in our names to issue out writts, to the foure
Precincts of the County of Albemarle requiring each of tiiem to elect five
freeholders who are to be their Representatives : To whom the five per-
sons chosen by us being added, and who for the present represent the
Nobility are to be your A.ssembly. They having chosen a Speaker, you
are in our names to require them to elect five persons who being joyned
to those five deputed by us, are to be the Councell by whose advice and
consent or at least the major parte t)f six of them all being summoned you
are to Govern according to the Limitations and Instructions following
Observing what can att present be put in practice of our fundamentall
Constitutions and forme of Gcjvernment Which Councell for the present
shall be in stead of the Grand Councell mentioned in our fundamentall
Con.stitutions And to exercise the same Powers and jurisdictions the .said
Grand Councell is to doe by our said fundamentall Constitutions and
forme of Government and so to be and continue untill we shall otherwise
direct.

334 COLONIAL RECORDS.

3. Yon are to cause all persons so chosen to sweare Allegiance to our
Soveraigne Lord the King and subscribe to beare Fidelity and submis-
sion to the Proprietors and forme of Government by tiiem established.
But in case any man for Religion sake be not free to sweare then shall
he subscribe the same in a book for that case provided which shall be
deemed the same with swearing.

4. Yourself and the five deputys of the respective Proprietors are to
represent the Pallatines Court and exercise the same jurisdictions and
powers that by our Fundamentall Constitutions and forme of Govern-
ment to that Court doth apertaine.

5. You are by and witli the consent of tlie Council! to establish such
Courts and soe many as you shall for tlie present think fitt for the admin-
istration of Justice till our Grand Modell of Government can come to be
putt in execution.

6. You are Ijy and with the consent of the Assembly to make such
Lawes as you shall from tyme to tyme finde necessary which Laws being
ratified by you and any three of our Deputys shall be in forme as is in
that case provided in the 1 2*'' and other Articles of our Fundamental
Constitutions and forme of Government which Lawes soe made you are
with all convenient speed to transmitt unto us for our approbation.

7. You are as soone as conveniently you can to gett the Surveyor Gen-
erall to divide the County into squares of twelve thousand acres By which
we intend not to alter any man's right; but that those measures and rules
we have agreed on in our Fundamental! Constitutions and forme of Gov-
ernment may t!ie sooner and easier come to l)e putt in practice amongst
you.

8. You are to take notice that we doe grant unto all free persons that
doe come to plant in Carolina before the 25"' day of December 1684 and
are above the age of sixteene yeares sixty acres of land and to the said
free persons for every able man servant with a good firelock 10 pound of
powder and 20""* of Bullets 60. acres of land And for every other sort of
servant 50. acres to his or her proper use and behoofe and to their heirs
&c. for ever.

9. Any person having transported himselfe or servants into the County
to plant sliall make the same apjieare to yourselfe and Councell who shall
thereupon issue out a warrant to the Surveyor General! to lav him out a
parcel! of land according to the proportions mentioned in these our
instructions, and the Surveyor haveing done the same, and the warrant
with tlie Surveyor Generalls returne thereon being recorded and the per-
son to wliome the Land is granted haveing sworn or subscribed allegeance

COLONIAL RECORDS. 335

to our Soveraignc Lord the King siihmi.ssion and fidelity to the Lords
Proprietors and their fundanientall Constitutit))! and forme of Govern-
ment yon are under the seale for that use provided to pass this following
Grant

William Earle of Craven his Majesty's Lord Lieutenant of the County
of Middlesex and Burrongh of South warke Pallatine and the rest of the
true and absolute Lords and Proprietors of the Provinee of Carolina.

To all to whom these presents shall come greeting in our Lord God
Everlasting Know yee that -wee the said Lords Proprietors according to
our Instructions dated att Whytehall the day of Feb" Hi Remaining
upon record in the County of Albemarle in the Province aforesaid doe
hereby grant unto A. B. of the said County planter a Plantation of
Akers of land English measure, lyeing and being in the Precinkt of A.
in the County aforesaid bounded the land being due to the said A.

B. by and for the transportation in the County of persons whose

names are upon Record under this Pattent To have and to hold the said
Plantation unto the said A. B. his heirs and assignes for ever with Priv-
iledges of Hawking, hunting Fishing Fowling with all woods and trees
with what else is there growing standing and being except all mynes
mineralls all quarrys of Jemms or precious .stones Yealding or paying
therefore unto us our Heirs and successors yearly every 29"" day of Sep-
tember according to the English accompt one Penny of lawfull English
money for every of the said acres to be holden of us in free Soccage. the
first payment of the Rent to begin the 29"' of September which shall be
in the yeare of our Lord 1684 Provided always tliat if the said Land be
not settled within one year after the date hereof then this Pattent to be
voyd else to stand in full force.

Given att under the Seale of the County of Albemarle this

day of A. D. being the year of our Possession of our Prov-
ince of Carolina. Witness Henry Wilkinson Esq" Governor and Com-
mander in Cheife of our said County and our trusty and welbeloved our
Councellors who have hereunto sett our hands the day and year above
written.

Although by our Fundamental! Constitutions we have reserved to our-
selves one Penny per acre rent of all lands in Carolina yett forasmuch
as there are divers persons in the County of Albemarle who were possest
of land there by virtue, of grants from Sir William Berkely att one farth-
ing per acre quitt rent And others wei-e possest and had rights to land
whilst by our Instructions to the Governor of Albemarle we reserved to
ourselves but one halfe penny per acre quitt rent we "think itt just that

336 COLONIAL RECORDS.

those persons should injoy their lands under the same qnitt rents they
were granted to them when by virtue of our Instructions Lands were
due to them for haveing come into the said County or brought or sent
servants to plant there. Wherefore you are in our names and according
to the forme in these Instructions jjrescribed to pass our Grants to all
persons att one farthing per acre quitt rent who shall desire such Grants,
and shall make it appeare to yourselfe and our deputys that they had
Grants from Sir William Berkeley under that quitt rent before the 25"'
day of Dec' Anno 1663 and not forty tyed tlie same by virtue of the act
of Parliament by us past and confirmed the 20"' day of January 1669.
intituled an Act for the better and speedier seating of land, and you are
to pass the like Grants att one halfe penny per acre tpiitt rents to all per-
sons who shall desire the same and had rights to land before the publish-
ing Instructions by us sent to M'' Har\-ey and bearing date the 5 Fcl/
1678 and have not forfeited the same by virtue of the aforesaid Acts,
but you are not in the Grants of one farthing per acre to allow the same
time for the beginning of payment of ([uitt rents that is allowed to those
who are to pay one penny per acre quitt rent, for we expect those who are
to pay one farthing per acre and those who are to pay one halfe per acre
quitt rents, there rents shall be paid from the tyme they ought to have
been paid bv virtue of our Instructions and those who have Pattents for
Sir W"" Berkeley before the year of our Lord 1663, we expect should
pay the said quitt rents from the t} me they were to have paid them by
the said Pattents.

You are to choose some fitting place in a Collony whereon to build the
cheefe Towne of Albemarle in tiie choyce of which you have regard to
health plenty and easy access you are to endeavour to gett the Parlia-
ment to rayse wherewithal! to build a house for the meeting of the Coun-
cell and Parliament in said Towne and when the said house is erected the
Council and Parliament are allways to sitt there and allso the Surveyors
Registers and Secretarys offices are there to be kept and in no other place
and also the Court of Common Pleas and Sessions of the Peace And you
are to gett the Parliament to pass an act that noe Store shall be kept
strong Drink or any Goods sould by retayle but in the said Towne and
you are to cause all vessells that shall come in to Albemarle River there
to loade and unloade as by our Fundamentall Constitutions is required.

You the Governor of our said County are to be Commander in Cheife
of all our forces raised or to be raised in our said County of Albemarle
over whome you are to place Officers and cause them to be duly exer-
cised in Arnies and to doe all other thing and things that to a Comman-

COLONIAL RECORDS. 337

tier in Cheet'o ilotli belong And yuu ure to .summon the Couneell to meete
as often as yon shall sec canse and are to doe and execute all those pow-
ers and anthoritys which by virtue of our Fundamentall Constitutions
Temporary Lawes and Instructions a Governor ought to doe.

Yon are allsoe by and with the consent of the major part of our Dep-
utys to adjourne prorogue and dissolve the Parliament as to you shall
seem most convenient for the good and quyet of the County.

Whereas complaint hath been made to us that divers persons have by
force and violence been dispossessed of their Goods and Estates dnreing the
tyme of the late disorder in the County of Albemarle and that it cannot
be reasonably expected that men who have been any way concerned of
the one syde or the other in the said Disorders will be soe impartiall as
those that had not att all any hand in them. You are therefore as soon
as conveniently you can after your Arrivall in the said County with the
consent of the major part of the Councill to choose 4. able judicious men
and who have not been partyes, or any way concerned in the late disorders
who together with yourselfe or any 3. of yon yonrself being one are to
be a Court to heave and determine according to law all suites complaints
or actions that shall be brought by any person for having withont dne
course of law and violence, been during the tyme of the said disorders
dispossessed of his Goods or Estate and to grant Execution provided the
said sute complaint or action be brought by persons residing within the
said Connty within the space of 6. months after the first sitting of the
said Court, and within the space of 2. years by such as are not resident
within the said County; those entred or l))"ought after the said tyme are
to be tryed as other common Actions.

If you our said Governor shall depart out of tlie Province of Caro-
lina, y<ni are before your departure to appoynt with the consent of the
major parte of the Councill a deputy Governor who shall execnte the
Powers and Anthoritys by us to you given untill yon returne into your
Government or that we shall authorize direct or commissionate another
bnt if yon our said Governor happen to dye then the Councill for the
tyme being shall be forthwith summoned to meete by the eldest in yeares
of our Deputys ; or in case he faile to doe it by the next : who being
mett shall choose a person to be Governor who being soe chosen shall be
Governor to all Intents and purposes as if commissionated by ourselves
and execute the powers and anthoritys to you given by our Commission
and Instructions and soe continue untill our pleasure shall be signified
to the contrary by granting a Commission to some other. You are to
take notice that it not appeareing to us that Sir William Berkeley did dure-
39

538 COLONIAL RECORDS.

iii;j; his life tvnie convev liis proprietorship to aiiv person for want of
which it is devolved, nor not haveing paid a penny towards the settle-
ment of our Province, we doe not think fitt to adniitt the Heirs or Ex-
ecutors of the said Sir William to have anything to doe in Carolina as
proprietoi's untill they shall have made itt appeare that they have right
soe to doe ; wherefore you are not to admit of any Deputy from the
Heirs or Executors of the said Sir William nor allow unto them any
other thing as proprietors untill you have directions from us soe to doe.

You are likewise to take particular care that the bounds betwixt Vir-
ginia and Carolina be adjusted according to the Limits granted us in our
Pattent. CRAVEN.

SHAFTSBURY.
P. COLLETON.
Postscript.

Since the Lords sate their hands to this they have ordered me to incert
these following particulars vizt :

That you be sure as soon as you can to send home the mapp of the
County mended by your owne or frds : experience.

That the Damadges of the King's Officers may by you be enquired
into that there may be a sumary way of giveiug them satisfaction.
SAM. WILSON, secretary
by order of the Lords Proprietors.

[B. P. R. O. Col: Ent: Book. No. 20. p. 174.]

WHYTEHALL JULY 13. 8L
We being informed that there are many Whales upon the Coast of
Carolina, which iish being by our Fundamentall Constitutions reserved
for us : we have notwithstanding (for the incouragement of Carolina)
thought fitt to give to all persons whatsoever that are Inhabitants of our
Province free lease for the space of seaven yeares to commence from
Michaelmas next to take what whales they can and convert them to their
owne use and this our concession you are to make publick that any that

will may take the beuefitt of itt we rest.

Your assured friend

CRAVEN p-^
ALBEMARLE SHAFTSBURY
P. COLLETON ARCHDALE
BATH for my LORD CARTERET
To the Governor and Councill at the north part of our Province of
Carolina.

COLONIAL RECORDS. 339

[B. P. R. O. Col: Ent: Book. No. 20. p. 175.]

WHITEHALL THIS OF SEPTEMBER 1G81.

Whereas Setli Sotliell Escf^ liath boiight tlie Earl of Clarendon's
share of Carolina and is thereby become one of the trne and absolnte
Lords and Proprietors of the Province of Carolina and whereas by vir-
tue of our Fundamentall Constitutions it is provided that the eldest pro-
prietor that shall be in Carolina shall be Governor you are to obey him
as such if there be no elder proprietor there then himself

we rest

Your loving friends

CRAVEN p'
SHAFTSBURY
P. COLLETON.

[B. P. R. O. America & W. Ind: No. 637.]

THE PETITION OF PROPRIETORS OF CAROLINA.

London X''^ 20"" 1681
To the R' hon*"'' the Lords Coinitte for Plantations.

The Proprietors of Carolina Humbly offer

That whereas they have scene by yo"" Lordsliipps ord'' an Extract out
of the ord"" of the Assemblyes of Virginia of the 3'^ of July 1681 fory'
Levying the Rents upon the Inhabitants of Blackwater & Corotuck,
Which aiFaire is easilly decided if your Lordshipps please to take a view
of their Patent which they herewith p''.sent unto you, ^Vnd wherein yo"'
Lordshipps will find, that the Boundaryes between Virginia & Carolina
are exactly set down ; (viz*) extending North and Eastward as farr as the
North end of Corotuck River or Inlett, upon a streight Westerly line to
Wyanoak Creeke, w""" lyes within or about the degrees of thirty Six and
thirty Minutes Northern Lattitude, and soe West in a direct line as fan-
as the South Seas. Soe that there can be noe further dispute in the af-
faire if your Lordshipps shall please to send yo"^ order to the Goverm* of
Virginia, takeiug notice that your Ijordshipps have scene those Bounda-
ryes granted to us under tlie Broad Seale, And requireing that they send
Comission""* upon any certalne day y(tur Ijordshi]>ps shall apjioint in July

340 COLONIAL RECORDS.

or .Viigust next, to meet at Ciirrali-tuck witli such Couiissiuii''*' as we shall
appointe in obedience to your Lordshipps order; And tliat they set out
and Adjust the Boundaryes betweene the two Collonyes of Virginia &
Carolina as farr as Wyanoak Creeke which we humbly conceive is so
faire a method that noe exceptions can be made against it by the Goverm'
of Virginias

1682.

[B. P. R. O. Colonial Entry Bk. Vol. 93. p. 169.]

THE KING TO THE PROPRIETORS OF CAROLINA 10
DECEMBER 1682

Right Trusty & Right Entirely Welbeloved Cousin and Counsellor,
Right Trusty & Right Welbeloved Cousins & Counsellors Right Trusty
and Welbeloved aud Trusty & Welbeloved, We greet you well Whereas
we are given to understand that our Right Trusty & Welbeloved Cousin
Maurice Viscount Fitzharding is heir at law to Sir Wm. Berkeley Knt.
deceased who by our letters patents under the great scale of England
bearing date the 30* day of June in tlie 17* year of our Reigne was
constituted one of the Proprietors of oiu- Province of Carolina in
America To hold and enjoy to him and his heirs for ever all benefits
estate interest power & privileges equally with any other to whom the said
Province wa.s granted as aforesaid And whereas we are also humbly in-
formed that altho diver.s of you hold by descent or assignment of the
original Lords & Proprietors since deceased yet some question hatli arisen
amongst some of you whether by survivorshij) or some other way the
title and interest of the said Sir Wm. Berkeley and liis heirs be not
legally lost & extinguislied or accrued unto you the surviving and pres-
ent Lords & Proprietors of the said Province We have thouglit fit at the
humble request of tlie said Maurice Vise' Fitzharding and as a mark of our
particular favor t(j\\ards him liereby to declare & signify that our intent
& meaning in ct by our said letters patents was and is that he the said
Sir Wm. Berkeley should liold & enjoy to him & his heirs & assigns all
the estate interest share & advantages by us granted to liim in our said
letters patents without being subject to sudi lapse or avoydance as is now-
suggested as aforesaid And we doe tlierefore liei-ebv most effectually

COLONIAL RECORDS. 341

reconiiiieiid him the said Maurice Vise' Fitzhardiiig unto you for & in
order to his having & enjoying the Proprietorship Signiories powers in-
terest and share or part of the said Sir Wm. Berkeley in y° said Province
& your investing & estating him the said Maurice Vise* Fitzharding his
heirs & assigns in & to the saine To liold to liim his lieirs & assigns as
fully & as amply to all intents & purposes as he the s** Sir Wm. Berke-
ley did or might at any time during his life have held & enjoyed or chal-
lenged to have held & enjoyed the same or as any other of the Lords &
Proprietors or their heirs or assigns doe or may hold or challenge to hold
& enjoy their or your respective Proprietorshijjs in the said Province by
vertue of our letters patents before ment'' or of any Agreement Articles
Laws or Constitutions made by them or you or any of you touching &
concerning the descent partition or succession of their or your respective
Proprietorships or otherwise ho^^'soever the said pretended lapse or any
other matter cause or thing whatsoever to the contrary thereof in anywise
notwithstanding And we not doubting of your ready compliance herein
We bid you farewell

Given &c. Whitehall December 10*" 1682 By hisMa*^' comand
To Our &c. the Proprietors of COVENTRY

our Province of Carolina

in America —

1683.

[B. P. R. O. Colonial Entry Bk. No. 107. p. 113.]

AT THE COMMITTEE OF TRADE & PLANTATIONS IN

THE COUNCIL CHAMBER AT WHITEHALL

THURSDAY 25 OF JANUARY

1 (382-3

Present

Lord Keeper Earl of Conway

Lord Presid* E. of Rochester

E. of Sunderland Ixl. Vise. Falconberg

E. of Clarendon Ld. Bp. of I^ondon

E. of Ci'aven Lord Dartmouth

342 COLONIAL RECORDS.

Sr Peter Colleton one of the Proprietors of the Bahamas Islands being
called in and asked concerning the clause in that Patent empowering
them to make warr hee takes notice that the same is common to all
Patents granted to Proprietors and declaiing that they doe not under-
stand it otherwise than to make war with y' Indians and that they have
already given order for taking Capt Clerk into custody and removing
him from the governm' their Lo''* think fit to supersede their former
order for bringing a scire facias against their Patents and that directions
be sent to all other Projjrietors in the West Indies that they do not make
any other use of that clause.

[B. P. R. O. Shaftesbury Papers. Bdle 48. No. 101.]

LoND°" M"" 7. 1682-.3
May it please y" 1/

Though my soe late comeing to towne does not permit me to give y"
Lp such an ace" of things as I intend, yet I could not discharge myself
my obligacon and duty to yo' L'^f without troubling att this

tyme.

I think my.self ev' bound by those fov" your Ldp hath alreatly showne
me to study to serve your Inter, v,-"^ it lyes in y""" Ld'* power to make mee
capable of and whicli I shall ever discharge with all fidellity imadgina-
ble

I am prepareing a copy for my L** Ashley as likewise one of the Con-
stitutions and Description of y'' Ct)untrv, w'"'' with other papers shall
trouble yo'' Ld^ on IVIonday next

I beg yo' Ldi* to informe yo" self concerning the Propp"*'' of Carol* for
that sence my comeing hither I hath mett with a Gentleman who would
be glad to buy it and I can help yo"" Ldp to 500. more than any was ever
yet sold for, if yo'' Ldp and Ijd Ashley think of disposeing if not if vo'
Ld^^ heaps yo"" fav''^ upon me I shall be but the more capal)le of serving
you.

Yo" Ld^ hath it in yo" power a':i^Guardian to (and w*'' my Ld Asldev's
consent) make whoome you please a Ijandgrave and auotlier Casi([ue each
Proprietor haveiug it in his power to make two Caciques and one Land-
grave Capt Wilkinson was nominated a Cacique by my Ld soe that yo"
Ld"" may make another and a Landgrave ray Ld yo" Ldp' father did in-
tend to have made M" Percivall a Landgrave (as your Ld^ will perceiye

COLONIAL EECORDS. 343

by th.' Copy oi' the P;ittriit tlic Onginnll) I sliall send till

he his fraurhileiit and base dealhigs with him My L* if

your Ldp doth not nominate soniel)ody a I^andgrave presently the Pro-
p»" ^,ji soone make it their joynt request to make one whoome they shall
nominate as they dayly doe to one another. Soe that hereby a person
whoome yo'' L*'" confers it on sliall think himselfe more beholding to the
others for Intercession; than to yo'' Ld^ for Donation whereas if }-o'' Ld''
thinks me a fitt subject for your fav"" -who are goeing thither (which an-
other \nz M'' Locke and many more never wil) I may be capable of serv-
ing yo' Ld^'^ by disposing yr land viz 12000 acres to the best advantage
or else send you a Map of it and take care that none other meddles
with it.

I have likewise something else in my thoughts wherein I am so vaine
as to think I may be servicable to yo"^ Ld^ in those parts I shall improve
my experience to yo' Ld^^ Interest and in the meane tyme rem°

May It please yo' Ld?

Yo' LdP' most humble servant
SAM WILSON

My most humble duty
to my Ld Ashley

[B. P. K. O. B. T. Va. 58.]

ORDER OF COUNCIL FOR COLLECTING PUBLICK
DUES OF Y' INHABITANTS OF CARROTUCK

At a Council Held at Green Spring May 22°'* 1683
Present
His Excellency Thomas Lord Culpeper Governor Collonel Anthony
Lawson the present Sherif of Lower Norfolk and all succeeding Sherifs
are hereby Ordered and Required pursuant to an order of Assembly
made in 1680 and directions therein given to Captain Adam Keeling
then Sherif thereof to demand ask Levy require and receive Quittrents
Levys fees and all other publick dues from the Inhabitants of Currituck
and all others there adjoining that Claime and hold their Lands by vir-
tue of patents issued from the secretary's Oftice of this Government and
in case of their or any of their refusals or failures thereof that then he
& they Levy the same by distress as in y* like cases on any other his
Matys Subjects of this Colony

344 COLONIAL RECORDS.

[B. P. R. O. Shaftesbttby Papers. Bdle 48. No. 102.]

THE R' HON^BLE THE LDS PROP'^ OE CAROLINA ARE
D" TO SAMUELL WILSON FORM^LY THEIR SEC'^

F(ir y" Descripcons of Carol'* viz. 400 To Jn" Archilale Esq""

100 to S' Peter Colleton & 100 distributea f ord" at 4'* £10
For a Plate of y° Map of Carolina & printing 2000 £ 2 S

To ooachhyre thrice \o y° Couneill Chamb'' to sati.sfye y" Co- f

mitte y" bounds of Carol* in ord'' to adjustm' \ £ 9

To P* M' Abde Postage of Lett' £ 3 6

To P"* M' Gascoyne for the Map of Carolina £ 11

To p* Porters 5. tymes carrying noates to meet att S'' Peter Col-
leton £ 5
To coachhyre to y" Att : Gen" w"' y' Patt' twice £ 5
To Portage wateridg coachhyre in getting yo' Lp^subscripcons £ 3 16
To Translating y° constitueons into French a Giiiney £ 1 16
To Lace skins &c & for y^ Const"' .sent to Carolina Jan lO"' 82 £ 2 10 4
To P* M' Clark engrossing 16 sheets of y* Const"^ requiring

dispatch £ 2 8

To Ruleing. wax & l)rass boxes £ 8 3

To mending y'' broad & hand .scale of Carolina £ 1 3

To P^ for a Copy of Pens Indentures £ 10

To P* for Paper Pens and Ink from first to last £ 3 14 2

To P** M'' C^lark writing y° Const" Iieing y' last tyrae of

amendni' £ 3

To d'" p"* him drawing out y'* article ivlating to y" Scotch £ 10

To p** M'' Wightraan Pub) : iiot^ drawing out a copy & attest-
ing it ' £ 8
To p* for setting down advertisements (i tymes £ 6
To p** for writing one of y* Const, sent '^ Kennyday £ 1 5
To p* for^inserting in y" Intelligence a copy of S' Peters Lett £ 1
To my wages from y^ 21' M"-"^"* 1678 to y' 21 M''^" 1683 in f

5 y" at 20£ f an. in £100: rec"" in pt £50: remaynes \ oO

Err"^' Excepted ^ me

SAM WILSON £84 7 9

London Mav 10"' 1683.

COLONIAL RECORDS. 345

TheL

(Indorsed)
\^ Prop'" of CaroP
their ace"

SAMUEL WILSON

10. May. 1683.

1.

L. Prop''
E. Craven

y

2.

L* Carteret

3.
4.

L'* Ashley.

S' Peter Colleton

5.
6.

7.

Esq" Arehdale
Esq" Amy
Esq" Sothell

8.

— for'y Duke of Albern'"

[B. P. R. O. Colonial Entry Book. Vol. 21.]

S' James's 1682.
You

By virtue of y'^ place of y" Vice Palatine or Governor have a Nega-
tive upon all Voatesof y" Palatines Court & by Consequence of all those
of y° Grand Councill also, except in such things as arc reserved by the
Fundamental Constitutions to be absolute in y' yower of y° Grand
Councill by w"*" means you have power to hinder any Imprudent Reso-
lutions they may take, you ought to keep good order in y° Debates of y'
Councill when any one speak he should do it w*"" his hatt off and with y"
re.spect due to y" place who are there a Representative of the Palatine &
by Consequence y° King from whence y° Palatine's power is originally
derived and it was in Culpeppers Case who make disturbance in Albe-
marle in Carolina for which he was indicted of high treason at the Kings
Bench Barr declared to be Treason for any man to take up Armes ag'
our Government it being Levying warr against our King.

P. COLLETON

The above being part of a Letter read in Councill this 13th August
1683 from S' Peter Colleton to yo'' Governor.

40

346 COLONIAL EECORDS.

[B. P. K. O. Col: Ent: Book. No. 20. p. 210.]

AT A MEETING OF THE LORDS PROPRIETORS OF CAR-
OLINA THE U"" OF DECEMBER 1683. AT THE
DUKE OF ALBEMARLES

Pi'esent

The Earle of Craven P'

The Duke of Albemarle

The Earle of Bathe

Sir Peter Colleton.
Ordered

That a letter be forthwith drawn to M"" Seth Sothell Governor of the
County of Albemarle requireing him to send hoam the names of those
with whome he fild the blanks for the Lords Proprietors deputys and if
any of them bee put in that Ijad any hand in the late disturbances there
that he put them out and till the deputations sent with such as are honest
men and not concerned in the said disturbances and to send the said M'^
Sothell a Copie of that Article of the Instructions for the Government
of Albemarle that requires the comissionating of three persons not con-
cerned in the aforesaid Disturbances to be a Court for the tryall of such
actions as shall be brought for the Injuryes done to any man by the actors
in them and to require of him to certifie by the first opertunity how the
said article is complyed with and if it be not what is the Reason of it
and that he doe forwith with the advice of M' Archdale choose four of
the discreatest honest men of the County who were no way concerned in
any of the said disturbances to be Justices of the County Court and also
an able man so qualified to be sherrif of the County that there may bee
a Court of impartiall persons for the tryall of all actions that have rela-
tion to the late disorders that those injured may have right done them
according to Law.

2. That M'' Biggs bee required to set downe in writeing in distinct
Articles wherein he hath been injured contrary to Law l:)y M'' Sothell or
any other person in office of Carolina and deliver the same to the Lords
Proprietors that they may be enabled to consider what course they may
speedyly take for his redress if any Injury appeares to be done him.

3. That M' Sothell and all other Governors direct those their letters
that concerne the publick of Carolina or Lords Proprietors in Generall
to the Pallatine.

COLONIAL RECORDS. 347

That he send a particuler of the quitt rents' and other perquisits of
Carolina.

That he give an account how the aft'air of Colonel Ludwells land
stands and why it is detained from him.

That he take a prudent care for the preserveing of our bounds and
other rights.

Aproved of the Bargin made by Sir Peter Colleton with Coll : Phillip
Ludwell in belialfe of the Lord Proprietors for my Lady Berkeleys right
to the Proprietorship that was Sir William Berkeleys for £300.

That M' Timothy Biggs his land be confirmed to him and his wife if
she consent to it otherwise to his wife only.

MemduiB. The said Proprietorship purchased of the Lady Berkeley
widdow of Sir William Berkeley Governor of Virginia and afterwards
wife of Coll : Phillip Ludwell by Sir Peter Colleton in behalfe of the
four Lords Proprietors namely the Duke of Albemarle the Earl of
Craven, Lord Carteret and the said Sir Peter Colleton was afterward
conveyed in trust to Thomas Amy Esq" for the abovesaid four Lords
Proprietors.

1684.

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 103].

ORDER FOR PASSING A LAW IN THE PLANTATIONS
^ AGAINST PIRATES AND PRIVATEERS.

At the Court at Whitehall the
27 OF Feb--^ 1683.(-4)

By the King's most excellent Majesty and the Lords of His Maj^'
Most Hon"' Privy Councill.

Whereas the Right Hon"' the Lords of the Committee for Trade and
Plantations did this day report to the Board, that Sir Thomas Lynch
having represented to them the great damage that does arise in His
Majesty's service by harbouring and encouraging of Pirates in Carolina
and other Governments and Proprietys where there is no law to restrain
tliem, their Lordships were humbly of opinion that a Draught of the
Law now in force at Jamaica ao-ainst Pirates and Privateers bee sent to

548 COLONIAL RECORDS.

all other Governments and Proprietys in America with his Majesty's
Directions that it be passed into a Law in each Place ; and that all possi-
ble care bee taken by the respective Governors and Proprietors that the
same be put in execution as they will answer the contrary ; Which His
Majesty having taken into consideration, was pleased to approve thereof,
And did Order That the Right Honorable M'^ Secretary Jenkins do
transmit Copies of the said Law made at Jamaica against Pirates and
Privateers to all other the Governors and Proprietors of His Majesty's
Phmtations in America with directions to them in His Majesty's name
to cause the same to be passed into a Law in each place, and to be duly
put in Execution as is advised in the said Report.

JOHN NICHOLAS.

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 111.]

LETTER FROM LORD CRAVEN TO LORDS OF TRADE
(27. MAY. 1684)

My Lords,

I have seen what Sir Thomas Lynch luith written to your Lordships
concerning the reception of Privateers at Carolina. Upon enquiry I am
informed that one Jacob Hall did touch there to wood and water as he
came from La Vera Cruz, but belonged not to the place, nor had no In-
habitant of Carolina with him, and stayed but a very few days, and then
sayled for Virginia. Hall acted under A^an Horn, who had a Commis-
sion from the French ; and His Majesty's Pleasure not to suffer his sub-
jects to take Commissions from forreign Princes not being known in
Carolina is the reason I conceive he was not secured.

I never could heai' but of one more that ever was there, and he not
pretending to any Commission from any forreign Prince, and having
taken some vessells was indicted for the same, and being found guilty
was executed, and himself and two more, the most guilty of his Com-
pany, hung in chains at the Entrance of the Port, and there hang to this
day for an example to others. And at Providence, which Sir Thomas
Lynch hath heretofore blamed for receiving Privateers, all imaginable
care was taken by the Governors to suppress them, and no attempts upon
tlie Spaniard made from those parts but at the instigation of a person
.'■ommissioned by Sir Thomas Lynch to take Pyrats as your Lordships
may see by the enclosed Abstract of his letters. Wee have now sent to

COLONIAL RECORDS. 349

Carolina His Majesty's Proclamation for prohibiting of his subjects from
entring into the service of forreign Princes, and the keeping of the neu-
trality, with strict order for the Observation of it, which I doubt not but
will be punctually obeyed ; and also the orders to pass a law suitable to
that of Jamaica for the sujipressing of Privateers, so that T humbly con-
ceive your Ijordships will hear no more complaints that Privateers are
received in Carolina. Wee having taken all imaginable Care for the

preventing of it for the future, and I am &c.

CRAVEN

Mem.** M' Cranfield speaks of one Pain at New Plymouth with a
false Commission from Sir Thomas Lynch.
Rec** the 27* May.
1674.

[B. P. R. O. Colonial Entry Book. No. 22. p. 33.]

POSTCRIPT TO M' SOTHELL OR RATHER ADDITION

We have sent you our fundamentall Constitutions as Regulated by us
w"** wee desire you to signe & scale & send us back two of them signed
and sealed by y'selfe & that you will under your hande and scale give
power to some p'son to signe and scale the originall w""" is under our
hands and seales heare that it might be sealed by all the proprietors
there being no-ones hand-writing but yo" Wee have thought fitt to
apoint M' Francis Hartly to be the Secretary of Albemarle of w""" you
are to take notice & "^mitt him to Injoy the ^quisits thereof Wee here-
w* send you the Kings proclamation how his subjects shall behave them-
selves in the p^sent warr between the two neighbor Crownes w"*" you are
publish & see punctuelly obeyed you are to take spetiall Care that due
assistance be given to his matestys officers in collecting the Duty upon
tobacco &c transported from Carolina to other plantations & if any officer
or magistrat shall not doe his duty herein you are to displace him & put
another in his room.

We wrot you the 6th of November by Coll" Lndwell w""" containeing
matters of Importance wee herew"" send the copie of it that if the origi-
nall be not come to yo' hands you may by the Copie see o'' desires & com-
ply w"" tliem.

Mem the above 15 lines was aded t(j y" letter in 2.'> & 24 relating to
Privateers and directed to Seth Sothell Esq. Govern"' of y* no : part of
Carolina

350 COLONIAL RECOKDS.

1685.

[B. P. R. O. Colonial Entry Book. No. 22. p. 2G.]

Whitehall y^ 14'" February 1603-4*

There is Lately come into England from Albemarle in Carolina M'
Timothy Bigg.s who hath Complained to us of severall Injurys done him
there for w'''' he can have no redresse by men you have Impowered to try
causes being as he alleadgeth those very ^sons who Joined in y° Late
disorders & did him y' Injury as you will .see more att large by a Copie
of his paper w"'*' is here inclo.sed sent you

When you had blanke deputations given you it was y' you upon the
place might fill them up w"* such '^sons as might be most for y' Kings
Honnour & service & who by being unconcerned in y° past Differences
might be most likely by Just goverum' of affairs & equall di.stribution of
Justice to put an end to all Causes of Complaint from any '^sons for y°
future

Wee did also in our Instructions for y° Governm' of Albemarle order
& apoint y' y" Governor should w"" the consent of the Councill choose
three discreet men who were no way concerned in the past Irregularitys
&' disorders there who together w"" y" Governor for the time being should
be a Court for y* tryall of all actions y' had Relation to y° aforesaid dis-
orders But M' Biggs Informes us y' y" '^sons w"" whose names you have
filled the Blank Deputations are such as were great actors in them against
the Kings Interest & that you have erected no such Court as wee Directed
whereby he could have no Justice done him to w"*" wee know not what to
say you not haveing informed us w"" whose names you filled the said
blanke depiitations nor have you written how you have complyed w"' our
order for erecting a court of Indifferent "^sons a copie of w'^'' order a coj^ie
is here Inclosed sent you.

Wherefore we now Req,uire you to Informe us by the very first oper-
tunity w* whose names you filled the blanke Deputations & if any of
them are such as had any hand in the late disorders y' you put them out
& fill the blankes now sent w* the advice of M' Archdale w"" such '^sons
as were* not concerned in them who by their prudence & peaceablenesse
of their tempers may be most likely to contribute best to his Majestys
Service & y° peace of the place & that if those who are deputyes & y'
yo''selfe & M' Archdale shall think fitt to be continued in shall not have

*Thls date should be 1684-5. See last paragraph.

COLONIAL RECORDS. 351

been actors in tlie past disorders that then yon send home depositions
taken before M' Archdale & some other magistrate of the place to prove
it that wee may be thereby bee the better Inabled to answeare any clamor
of M' Biggs if there bee occasion. And that you doe forth w"^ choose
fonr able discreet men & who had no hand in the past disorders of either
side to bee the Justices of the County Court of Albemarle & a ^son so
quallifyed to be sherrif of that County to set and hold Courts for the
tryall of causes as by our fundamental Constitutions is directed which
wee thinke a better way then y' formerly ordered it not being so con-
venient to Interest y'selfe or any other Governor In Cheeff of that County
in the Imediate tryall of causes but leave him at liberty w"" the Councell
to heare the complaints if any shall be made against any of the said
Justices or Sherriif for any misdemeanor in their respective offices w"**
method is agreeable to our Constitutions and as wee Conceive the best
way for equall distribution of Justice in said County w* which wee can-
not expect to have it thrive or be freed from Clamor our selves wherefore
wee Require of you that this our order be Instantly put into execution
and that you send us the names of such '^sons who are Comissioned to
bee the said Justices & Sheriff for y^ county afores* & y' you dirict all y""
Letters that concernes us in Generall to y° Pallatine the earle of Craven
to be comunicated to us.

Wee did by M' Archdale send a blank Comis" for a Recever to Collect
our rents and give us ace' thereof w"* Directions y' he should fill up the
s* blanke w*'' some convenient or fitting ^^son by y'' advice but we have
not a word from either of you what is done therein nor what the annuall
amount of the said quit rents are wherefore wee desire you "^ first you
will give us an ace' who you have put into the said Comission what he
hath Collected what you have done w"" y' already collected & also a
■^ticuler of the wrecks & other things apertaineiug to y' L'^ Proprietors
& also what the yearely amount of quit rents of land is & '^ticulerly
what quantity of land each man holds & what the rent is he payes &
then we shall order how y^ s** quit rents & others "^quisitts shall be dis-
posed of

There hath also Complaint been made by M"" Woodrowe o"' secretary y'
you would not jjcrmit him to Injoy the "^quisits of his office but that
you took them to your selfe w"*" is by no meanes to be tollarated in a
governor but he must let y^ Inferior officers Injoy the due "^quisits of
their places if he expect they should "^forme their Dutys & must be no
further concerned therein then see the officer doth his Duty and not

352 COLONIAL RECORDS.

opress the people by unreasonable exactions wee desire yo' answeare to
this also

Coll" Ludwell of Virginia hath complained to us that a planta" in
Albemarle apertaining to him in Right of his wife the Lady Berkely is
detained from him upon p'tence y' it is escheated to us & wee being will-
ing to doe him & all other men Right doe Require you to send us a true
state of that matter how it stands & in whose possession y° s** plantati"
now is c& if it be escheated that you send to us a true copie of y* record
thereof for wee shall bee very unwilling to turne any man out of his estate
or not restore him to it if he have lost it by faiieiug in any nicity of law.

We have considered of what you write of my Lord Culpapers send-
ing to demand the quit rents of the County of Albemarle for w"*" wee are
well assured he had no orders from hence Wherefore desire you not to
faile in using all discreet Legall & prudent wayes for the p^servation of
our Just Rights we shall take a convenient time to petition y' King y'
o' bounds may be runn out y' Disputes uaay be p'vented for y° future

Wee Require y' you do not deviate from those rules wee have by our
Instructions sett for y° granting of land, for wee shall not allow of it

There was 4 blank Deputations sent away w"" this Letter signed by y"
Du : of Albemarle one by y° U Bath for y" L** Carteret, by S' Peter Col-
leton & another by all y' L" for S^ W° Berkelys Dated y" 3d June 1684

1686.

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 232.]

REPORT TOUCHING THE PROSECUTING OF THE QUO
WARRANTOS IN THE PLANTATIONS

Mem*

My Lord President is desired by the Right hon"^ the Lords of the
Coraittee for Trade & Plantations to move his Maj : that the directions
to M' Attorney Generall that the prosecution of several 1 writts of Quo
Warranto against the Propriety of the Province of Maryland and against
the Colonies of Connecticut and Rhode Island and the Proprieties of
East and West New Jersey and of Delaware in America may be renewed
and that the same may be prosecuted to eifect.

Councill Chamber 2L Aprill, 1686.

COLONIAL RECORDS. 36-^

At the CoL'irr at Whitehall

the SO'" of Aprill 1686.
Whereas on the 10"^ and 17"' of July last past It was ordered that M""
Attorney should proceed by Quo Warranto af:;ainst the Charter Granted
to the Lord Baltemore's ancestors of the Prt)priety of Mariland as also
against the Governors & Comiss** of the Colonies of Connecticut, Rhode
Island & Providence Plantacon & likewise against the Prop" of East &
W^est Jersey & of Delaware all in America. His Maj : in Councill this
day thought fit to order, and it is hereby ordered, that Sir Robert Sawyer
Knight His Majesty's Attorney Generall doe forthwith put the said orders
in execution by causing the Proprietors of the aforesaid Places to be
prosecuted on the said AVritts according to La^\• in order to the vacating
of their severall Charters or Grants.

[B. P. R. O. Colonial Papers.]

THE EARL OF SHAFTESBURY TO THE EARL OF
CRAVEN 7 JULY 1686

St. Giles July 7* 1686.
My Lord,

I receaved yo" but not knoweing upon ^hat grounds the Quo \Yar-
ranto was intended to be brought against our Pattent for Carolina am
able to give noe result upon itt. There have bin considerable sumes of
money disbursed by the Proprieto" to bringe it to this eifect and when
the Pattent is surrendered I cant see any way by w"*" they will in proba-
billity bee ever reimbursed I shall bee as unwilling to dispute his Maties
pleasure as any man but this being a Publique Concerne tis not in any
perticular mans power to dispose of it Therefore whatever shalbe ap-
proved of by the rest of the Proprieto''^ or the majority of them to bee
donne in this affaire I shall acquess in who am

Yo"" Lordps most humble Servant

SHAFTESBURY.

41

354 COLONIAL RECORDS.

1687.

[B. P. R. O. Colonial Entry Book. Vol. 97. p. 240.]

ORDER OF COUNCILL TO M' ATTORNEY AND M' SOL-
LICITOR TO PROSECUTE THE QUO WARRANTOS
ISSUED AGAINST THE SEVERALL PROPRIE-
TIES AND CORPORATIONS IN
AMERICA.

At the Court at Hampton Court

the 28*'' of May 1687.
Upon reading a report from the Right hono*"'" the Lords of the Com-
mittee for Trade & Foreign Plantations It is this day ordered by His
Maj'^ in Councill that M' Attorney and M" Sollicitor Generall do forth-
with proceed upon and prosecute the Quo Warrantos, which have been
issued or ordered to be issued out against the severall Proprieties and
Corporations in America.

[B. P. R. O. Colonial Entry Book. No. 22. p. 133.]

Whitehall this 26"' of Novemb: 1687
Wee herewith send you copies of two letters wee haue received from
the Kings Majesty & also a copie of S'' Robert Holmes his comission for
the supression of Pirates & Privatiers. by the first of the s* letters you
will ^ceiue that his Maj'^ that all endeavors bee vsed for the seizing and
aprehending of any Pirates or sea rovers that .shall come into any of the
Ports of your Goverui* the which you are to keep strictly Imprisoned &
in safe coustody with their ships goods & plunder untill his Majestys
Royall pleasure be known what shall be done with them, whereof you
are not to faile & to vse. your vtmo.st care that all his Majestys com-
mands contained in his s** letter bee punctually obeyed by all l^sons vnder

your goverment.

Yo'" very affectionate friends
CRAVEN Pal"-""
BATHE for the L* CARTERET

COLONIAL RECORDS. 355

[Eecords of Perquimans County. Book A. No. 380.J

5 Dec 1687
Tlie Deposition of Richard Wat red)- Aged fifty-one years or there-
abouts sworn & examined saith, He this Depo* Being; designed to go into
y" Southard aljout the year 1662 to see liow lie might like the place At
which time M'' George Catchuiany desired the Depon* to go to the Place
where M" George Durant then was seated & to speak to said Durant to
show him this Depon' the Land w""" was designed by said Durant for the
said Catchmany, which Accordingly I did & was shown by M"' Durant
the Land Intended by him for M"" Catchmany & soon afler returned to
Virginia again and About a month after M' Catchmany employed the
Depon' to go w"" 3 hands to settle & seat the said Land & went with us
himself — and coming to the House M"' Durant aforesaid he this Depon'
heard & see them conclude of a line which was Accordingly then run for
a Dividing Line Between them, And as he very well Remember Begun
at a pine standing by the water side at the sound extending extending
toward the then seated Land of CalP Caltropp it being Agreed by them
that George Catchmany should have the land on the eastward & George
Durant on the Westward side of the said Land & this Depon' further
saith that he heard the said Catchmany tell M' Durant afores"* that S''
William Berkeley was then lately arrived from England & that He re-
solved that Lihabitants of the South should hold no hmger by Indian
Titles, But that He would Grant Pattents to those who should desire
them whereujjon he heard said Durant tell M' Catchmany that then he
would go & see to secure his Land as aforesaid & M"" Catchmanv then
Replied & said he should not need to go himself But that He would
have him stay there & look & see his People should not Lack Provision
or other necessarys & he would do his Business and his own too. —

RICHARD WATREY.

1688.

[B. P. R. O. Colonial Entry Rook. No 22. p. 139.]

g, Whitehall this 16'" of Aprill 1688

M"" Edward Ketchmaid hath made application vnto vs setting forth
that he is Nephew and next heir unto M'' George Ketchmaid of Caro-

356 COLONIAL RECORDS.

liiui deceased And that his .said A'licle dying Intestate and possesed of a
plantation in onr County of Albemarle in Carolina the right to the said
Plantation is descended to him as next heir Now we shall not take upon
us upon us to interpose in the decision of any mans right but leave that to
y° usuall course of the Law. But think it our duty to recomend luito
your care that the said M' Edward Ketchmaid may have a fair and
Equall Tryall according to y*' course of y" Law there for y^ said Estate.
If he shall desire it And thei-e be need thereof

Wee doe also inform you that M'' Timothy Biggs who married the
widdow of the said George Kecthmaid did set forth to us that the said
George Ketchmaid did by will give his plantation in Carolina to his wife
And did desire us to grant our Release and Confirmation of the said
Plantation unto lier which we did by our deed dated y* six and twentieth
day of March 1684 now onr Intent in this was onely was onely to grant a
Release and Confirmation of what Right we had nor could we thereby
weaken or invalidate the right or title of any other pretender to the said
Estate as heir at Law to the said George Ketchmaid for we could onely
Release or convey what right was in us And not what was anothers.

And forasmuch as nothing can redonnil more to the Honor of our
Government then the reputation of speedy and impartiall Administration
of Justice We desire that you will give us Ace* what you doe in this
matter That we may upon occasion be able to vindicate ourselves And
so we rest

Your very aflFectionate
friends

CRAVEN PAL""'
P. COLLETON

[B. P. R. O. Virginia B. T. Vol. 53. No. 27.]

TWO ORDERS OF COUNCIL OF VIRGINIA 1688 & 1691
AND PROCEEDINGS IN COUNCIL IN 1699 ABOUT
BOUNDARIES BETWEEN VIRGINIA &
NORTH CAROLINA WITH A
COPY OF THE CHAR-
TER OF CARO-
LINA.

[Referr'd to in Col. Nicholson's letter of T' July 1699
Received 4 Sept. 1699]

At a Council held at James City Mar T* 1688

COLONIAL RECORDS. 357

Present
His Excellency

Nath Bacon Esq. Coll" John Page

Nicli. Spencer Esq Sec"^^ ColP Wm Byrd

Coll" Wni Cole Coll" John Lear

Coll" Rich. Lee Coll" X'' Wormeley

Coll" John Custis Coll" Isaac Allerton.

Upon y^ consideration of y® complaints of some of the inhabitants of
Carratuck setting forth that the governm' of North Carolina had dis-
trained upon part of their household goods under pretence that y" land
they inhabited was withhiu ye governm' of North Carolina & that
therefore they ought to pay proportionable for y' discharge of }•" gov-
ernm' w"" other the inhabitants thereof tho' indeed they were alwaies
esteemed to be people of the inhabitants of the governm' of Virginia
and held their lands by patents granted by the Govern'' of Virginia All
which this Board taking under their serious consideration are of oppinion
that the whole matter be humbly represented unto his Majesty for his
royall consideration and that a letter be forthwith writt for his Excel-
lency's signeing directed to the Gov"" & governm' t)f North Carolina
signifying that this govei-iun' have humbly presented unto his Maj'^ the
pretension that that governm' makes unto the lands lying on Carratuck
& Blackwater and that it is desired that no disturbance or violence be
oftered to the inhabitants thereof untill his Maj"" shall signifie his pleas-
ure therein.

His Majesties Govern'' & Councill of this Colony knowing themselves
in duty bound faithfully to represent unto his Majesty all occurances of
moment relating to the same doe therefore humbly beg leave to lay before
his Majesties royall consideration a matter whereby not only his subjects
at presents are disturbed and disquieted in their possessions neare adjoyn-
ing unto y' governm' of North Carolina but also y^ jiublick peace of the
Country threatened by the violent actings of some officers of that gov-
ern' under pretence extending the bounds thereof far within the anciently
reputed and known Southern bounds of this yo'^ Maj**' Colony of Vir-
ginia for y° Southern bounds of this y'' Maj. Colony of Virginia have all-
waies been reputed to be extended to the latitude of 36 unto that latitude
land hath been granted unto adventurers & purchasers for more than
forty yeares past by former Govern"^' and Councills of this y' Maj. Col-
ony of Virginia and y'' lands so granted have been by patent from v'
Maj. Sec"^'* office of this Colony and the inhabitants tliereon seated ha^'e
been taken to be y' inhabitants of Virginia and accordingly formerly

358 COLONIAL RECORDS.

have paid all seott & lott of publick & county dues of this Colony and
quietly & peaceably enjoyed their land held from this Gover' untill y'
yeare 1680 that some pretence was made to some small part of land lying
upon Carratuck & Blackwater upon which pretensions the inhabitants
thereof applyed themselves unto y' right Hono"^ Thomas Lt>rd Culpeper
the then Gov'' of Virginia and alsoe the C'ouncill thereof who by letter to
the Gov' and governm' soe satisfied them in the justness of the claime of
the bounds of this Country to thirty six that the inhabitants thereof were
not in the least vexed or disturbed in y' possessions by any pretence of
V* govern* of North Carolina until this present year 1G8X who now with-
out makeing any further claime have leveyed upon y' inhabitants of Car-
ratuck and Blackwater who hold their lands by patent from this y' Maj.
governm* and for v* said levyes have distrained and forceably carryed
awav divers goods out of the houses of y' said inhabitants whii'h force
upon them from y' govern' of Carolina if not timely prevented will prove
ruinous to y° pore people if not usher in greater mischiefes therefore his
Maj. Gov' and Councill doe humbly supplicate his Maj. to take under
his royall consideration the pressui-es those pore inhabitants lie under
from the pretence that those lands are part of the bounds of North Caro-
lina and that his Maj*-'' will be pleased not to narrow the bounds of his
long seated Colony of A'^irginia and his Maj. Govern'' & Council do
humblv futher begg leave to oifer to his Maj. considei-ation how prejudi-
ciall it may bee to his Maj. Revenue ariseing upon tobacco if those lands
now in question should be taken to be under the govern' of Carolina ly-
ing so neare unto y° opening of Carratuck that small vessells may pass in
and out undiscovered and cary of what tobacco they find fit without pay-
ing any dues for y° same for the inhabitants of North Carolina being but
few in number and far remote from that part of Carratuck cannot make
discovery of any such cheats if intended which whilst its imder the gov-
ernm' of Virginia is providetl against by the prudent care of M' Meyn
his Maj** Surveyor Generall of Virginia by a person an inhabitant of Vir-
ginia being apointed a Collector to inspect according to law all matters
of trade in that part and for the qm'eting yo' Maj. subjects in a peaceable
possession of their lands and stoping the force of distress put upon them
yo' Ma]'^' Governor and councill doe humbly begg leave to supplicate y'
Maj'^ that you would be pleased to give direction for the ascertaining of
the bounds between yo' Maj'^^ Government of Virginia and North Caro-
lina as in your princely wisedom shall find fitt.

COLONIAL RECORDS. 359

1689.

[B. P. K. O. Colonial Entry Bk. No. 109. p. 217.]

AT THE COMMITTEE FOR THE PLANTATIONS AT THE
COUNCIL CHAMBER AT WHITEHALL MON-
DAY THE IG* MAY 1689.

Present
Ld. Privy Seal. E. of" Shrewsbury Ijd. Vi.s. Liimley

Their Lo^* also enter upon y* consideracon of y' present condicon of
the Provinces of Maryland Pennsylvania & Carolina &c which having
been formerl}^ granted to several persons in absolute propriety by which
title they claim a right of government their LorP' agree to represent to
his Ma'^ their opinion that the pi-esent circiunstances and relation they
stind in to the government of England is a matter worthy of the con-
sideration of the Parliament for the bringing those Proprieties and Do-
minions under a nearer dependence on the Crown.

[B. P. R. O. Colonial Entry Book. No. 22. p. 159.]

LETTER TO GOV. SOTHELL.

London this 2* Dec"" 1689
S'

Wee are divers ways Informed that the people under yo"^ Governm'
have risen upon yon and we are also told the reasons alleaged by them
for their so doing is yo" Injustice and oppression of them contrary to
Law We hope and much Incline to be of opinion their allegations are
false, but however it be Wee are sure it is always our duty, but more
then ordinary in these dangerous times to take care of the quiet and
safety of the provinces under our Goverm' and also that Justice may be
rendered to yo''self in the manner wee think most agreable to prudence
Law and Equity and the quelling of all clamours and complaints and
thereby avoiding of like disturbances for the future Wherefore have
thought fitt to suspend you from the Governm' untill matters are duely

360 COLONIAL RECORDS.

fairly and Impartially inquired into that wee may he ahle to give an ex-
act ace* thereof to his Majesty and in order thereunto have Jointly Im-
powered our Trusty and Wellbeloved Collonell Phillipp Ludwell to be
our Governor with Instructions to Inquire what hath been the true rea-
sons and motives of these disorders and to give us ace'' thereof to which
we desire you quietly to suhmitt and also to believe that you shall never
find but Justice and fairness from us all due care for the preservation of yo"
person and reputation to which we know nothing more conduceable then
a fair Inquiry into the truth of all matters by IndifFerent persons with-
out which be done Wee cannot answer our proceedings to the King Wee
bid you heartely farewell and rest

Your very affectionate friends
To M^ SoTHELL CRAVEN Palatine

P. COLLETON BATHE

JOHN ARCHDALE for the LORD CARTERET

for THO ARCHDALE
THO: AMY

[B. P. R. O. Colonial Entry Book. No. 22. p. 157.]

WILLIAM EARLE OF CRAVEN LORD VISCOUNT CRA-
VEN BARON OF HAMPSTEAD MARSHALL PALA-
TINE AND THE REST OF THE TRUE AND
ABSOLUTE LORDS AND PRO-
PRIETORS OF THE PRO-
VINCE OF CAROLINA

To our Trusty and \\'elll)cloved Colhmell Philipp Ijudwell Governour

of that part of dur prdviiice of Carolina that lyes ntirth and east of

Cape feare

Wee the .said absolute l..orils and Proprietors of the Province afore-
said reposing speciall Tru.st and Confidence in the courage Loyalty and
Prudence of you our said GoveriKnu' Do hereby constitute and apoint
you the said Collonell Philipp Ludwell Dureing our pleasiu-e Governour
of that part of our Province of Carolina that lyes nortli and ea.st of
Cape feare and you are to doe and execute all things in due manner that
belong to your said command or the Trust we have reposed in you ac-
cording to the severall powers and directions granted and appointed you

COLONIAL RECORDS. 361

by the present C-ouiission and onr Instructions luul by such further [)uw-
ers and Instructions as shall at any time hereafter be granted and ap-
pointed you under our hands and seales and according to such reasonable
Lawes and Statutes as already have been ratifved and confirmed by Vs
or hereafter shall be made and agi'eed vpon by you with the ad-
vice and consent of the Councill and Assembly or Parliament of that
part of our Prouince vnder your Goverm' according to the method and
forme appointed by our former Instructions to our Governour there
And wee doe hereby appoint and Impower you our said Governour to
be Comander in Chief of all the forces raised or to be raised within the
Limits of your Goverm' and over them to appoint Officers and them to
remove at yo' pleasure and to cause tlie said forces to be exercised in
armes as often as you shall see fitt And to do all other thing and things
that to the Office of a Captain Generall or Comander in Cheif doth be-
long And wee do hereby give and Grant vnto you full power and
authority by and with tlie advice and consent of any three or more of
our Deputys to erect and establish such and so many Courts of Judica-
ture and Publick Justice as yon shall think fitt and necessary for the
hearing and determining of all causes as well criminall as civill accord-
ing to Law and Equity And for Awarding execution thereupon and to
appoint Judges and Magistrates and such other Magistrates as to you
shall seem meet And wee do hereby also give and gi'ant unto you full
power and authority by and with the advice and consent of our Depn-
tyes or the Major part of them vnder your hand and seale to appoint a
Deputy Governonr with such powers and authoritys as to you shall seem
meet and that you legally may and always provided the said powers and
authorities be not more then to yourself are granted by this present
Comission Given under our hands and seales this iifth day of December
In the year of our Lord one thousand six hundred and eighty nine

CRAVEN Palatine
P COLLETON BATH

JOHN ARCHDALE for the LORD CARTERETT

for THO : ARCHDALE
THO: AMY

42

362 COLONIAL RECORDS.

[B. P. R. O. Colonial Entry Book. No. 22. p. 1.58.]

INSTRUCTIONS FOR COLLONELL PPIILIPP LUDWELL

GOVERNOR OF THAT PART OF OUR PROVINCE

OF CAROLINA THAT LYES NORTH AND

EAST OF CAPE FEARE

1 As soon as possible after yo"" arrival you are to cause our Letter to
M' Seth Sothell our late Governor signifying our suspending liim from
the Government to be carefully delivered to his own hands and at the
same time to give Notice to Our Councill there of your being by us ap-
pointed to be Governor of that part of Carolina that lyes North and
East of Cape feai'e and to require their meeting of you

2 When the Councill is met you are to publish yo'' Comission for the
Government

3 You are to Informe y^selfe as well as possibly you can of the rea-
sons of the late disturbances and the Imprisonment of IVP Sothell

4 If you finde there are any complaints that M' Sothell hath comit-
ted any acts of Injustice and oppression you are then and with the advice
and consent of any three or more of our Deputys to comissionate three
of the honestest and ablest men you cane finde and who have not been
partys in the late disturbances to be Judges to hear and determine all
causes both Civill and Criminall according to Law with such powers and
authorities as .shall be Legall and necessarye thereunto

5 The said Court or Judges being thus comi.ssionated you are to give
Notice to all peojile that complain of any Injustice or oppression contrary
to law comitted by the said Sothell that the s* Court is appointed to hear
and determine of all such complaints and you are to take all imaginable
care that Jurys for the triall of all such causes be fairly and Impartially
returned

6 In all other matters you are to pursue such Instructions for the Gov-
erftient as you .shall finde upon the place wherein If you finde anvthing
deficient or Inconvenient to y" Inhabitants Wee shall vpon yo'' Notice
thereof to vs take due care therein

7 You are as soon as possibly you conveniently can to call an Assem-
bly or Parliament for the making of such Lawes as shall be thought
requisite for the better goverm' and security of the place, which LaM'es
by the first opportunity to send to vs to be ratified and confirmed by vs
and which are to continue in force before such ratifying and confirminge

COLONIAL RPX'ORDS. 3G3

vntill we shall .signify our pleasure to the contrary and in the passing of
such Lawes you are to observe the methods prescribed by our funda-
mentall Constitutions and Instructions for the goverm' vpon the place

8 You are diligently to Inquire into the true reasons of the late Dis-
orders and to give us an Accompt thereof by the first opportunity

9 If you finde our late Governor hath been guilty of Injustice to^vards
the people in generall or any pai-ticular men you are to cause him to give
security that lie shall not depart from that part of Carolina untill he that
answered to all such complaints as shall be brought against him witliin
the space of six mouths from the publishing yo' Comission

lU If the said M' Sothell shall complain of Injustice done him by the
people you ai'e according to the best of yo'' prudence to cause reparation
to be made him in sucli manner as shall best sute with the quiet and
peace of the goverm' there

1 1 You are to give vs y"' opinion what is necessary to be done by vs
for the better prevention of the like disturliances for the future

You are to Inform yo''self if King \Villiam and Queen Mary have
been proclaimed in Carolina and if they have not by reason of the Dis-
turbances you are to cause them forthwith to be proclaimed with as much
Decency as possible. Given vnder our hands this 5"" day of December

1689

CRAUEN Palatine
JOHN ARCHDALE ASHLEY

BATHE
for THO. ARCHDALE for the LORD CARTERET

P. COLLETON
THO AMY

1690.

[B. P. R. O. America and VV. Ind: No. 636.]

CAP GIBE'S HIS DECLARAcON.

Albemarle — June y" 2^ 1690.
Coll : John Gibbs doth Publish & declare, That Phillip Ludwel is a
Rascal, impo.ster, & Usurp"^ all which shall be justified in England and
if any of the boldest Heroe living in this or the next County will under-

364 COLONIAL RECORDS.

take to Justilic the .^tiid Ludwel'h; illegal Irregular proeeeding, let him
call upon me w* his sword, and I will single out & goe with him into
any part of the King's Dominions, & there fight him in this Cause, as
long as my Eyelidds shall wagg. —

These are therefore to warn, charge and command all Persons to keep
the Kings peace, to consult y° tfundamentals, and to render me due obe-
dience, & not presume to act or do by Virtue of any Comission or Power
whatsoever derived from y' above s* Ludwell, as they will answer it, att
their utmost perill. I am willing to pass by all hitherto, if y° new
Deputyes will consult with me to prevent evil consequences, I am will-
ing to receive them or a Messeng'' with respect at my house at Paspotank
or Corotuck, not that I carry any but defensive Amies in Vindication of
my Oath & Right, w* God willing I will maintain to death.

Further I proclaime him that is a Tatler against y" truth of this mat-
ter to be a Villaine, & a Coward, that will not give me a meeting singler
to dispute it with sword in hand. As God is my Judge I hate a base ad-
vantage, & never design against any mans life Cowardly : soe as I never
did nor will wrong y^ Lords Proprietors, or Country, they shall not me if
possible.

JOHN GIBBS.

[B. P. R. O. America & W. Ind: No. 636.]

COLL: LUDW ELL'S L- TO THE L' GOV AB' NORTH
CAROLINA. JULY 19'" 1690.

S'

Haveing lately reed a Letf from y' Deputy Gov'' Couucill of y"
Province of North Carolina, dated y" 13"" of this in" w"*" informes me
y* M'' John Gibbs did on y^ 6"' in" come in Albemarle County in y"
Province afores** w"' armed men, att y* time when one of their Precinct
Courts were sitting, & forbadd y® s^ Courts to sitt or act by any Com-
mission but his & seized two of the Magistrates, (y" secretary being one)
& by force carried them away prison'", tfc doth still so detain them att liis
lu)use att Caraituck within y" bounds of Virg'' to y'' great disturbance of
y" Inhabitants of y*' s'^ CVtunty, who immediately putt themselves in
Armes to secure y° Country from farther outrages, & recover y° prison"
again, if they could. But M"" Gibbs haveing conveyed them out of y' into
yo"' Hon""" Goverm' they durst not pursue him out of their Bounds, with-
out yo'' Hon"'* Iea\'e, w"^ makes the Condition of y' poor Country very

COLONIAL RECORDS. 365

deplomble, being obliged to continue in Arnies to defend themselves f'roin
farther Injuries, & consequentl}' loose their Cropj)s, or runn y' hazard of
being ruined, if they stand still M' Gibbs haveing as they are informed
near eighty men in amies att his house in Curratuck, y** consequences
whereof may be very dango'ous, besides y^ thing ittself very unwarrant-
able and wlicrcas M' ( Jibbs p^tends his arms are only denfensive, y* juust
appear frivilous when no force has ever appeared ag*' him, or any vio-
lence oifer'd him by any person, & as he p'tends itt is only in vindica-
tion of his right to y" Goverm' whatever his right is, certainly he ought
to assert itt in another manner, by applying himself to y" L'^* Proprief"
who without doubt are y^ fittest Judges in that case, & would do him,
what right he deserves I doe therefore most humbly pray yo'' Hon'' to
take what I here present you into yo"" serious Consideration & give us
such relief therein as to yo'' Hon"" shall seem most meet & convenient,
for a speedy establishing a firm Peace amongst all their Maj"*' subjects,
w"*" will be a very gratefull Office to y^ s* Propriet" & a very great &
reasonable favour to all y'^ Inhabitants of y' Country, & a p^'ticular ob-
ligation on

Most Hon^'^ S^ :
Yo'' Hon"' most Humble & obedient Serv'

PHILL: LUDWELL.

To y' Hon"" Francis Nicholson Esq' their Maj"''' Lieut. Govern'^ of
Virginia.

[B. P. R. O. America and W. Ind. No. 636— Extract.]

WM. COLE, SEC'y OF VIRGINIA TO SEC^ OF STATE
P' AUGUST 1690.

May it please yo'' Lord""

I am also ordered to represent to yo'' Loi'd^ that it is feared that the
Pro])riet''* of the Southern Grant will endeavour either to procure a new
Pattent or an Order from his Ma'^ to lay out the Bounds betweene this
their Ma'"' Country and North Carolina by other lines and bounds than
their first Pattent extended which was to the Latitude of thirty six de-
grees All the land within that I^atitude having been alwaies held and
enjoyed as Ijelongiug this Goveriunent and many Pattents & Settlements
made for many vears to the utmost extent thereof bv the inhabitants of

366 COLONIAL RECORDS.

this their Ma'^' Dominion and it is humbly desired by their Ma**^ Coun-
cil! here that before any directions or orders pass to runn any -other
bounds that notice may be given to this Government that they may hum-
bly oifer their reasons against it for the altering those bounds will very
much disturb their Maj" subjects here by takeing away many plantations

and will very much lessen their Ma''^ Quit Rents.

* * * *

Right Hono'''*

Yo" Lord^^ most humble
Virginia and obedient Servant

Aug' V 1690. WILLIAM COLE.

[B. P. R. O. America & W : Ind: No. 636— Extract.]

COL. NICHOLSON TO THE LORDS OF THE COmlTTEE
20 AUGUST 1690.

Virginia 20"- Aug' 1690.
May it please your Lord^^

I send yo'' Lord""' y* Coppy of a Letf from y' s** I^udwell concerning
North Carolina of w"'' place he owns himself Gov'' for y' Lords Proprie-
tors. These stirrs I have quietted for y" present butt how long they
may continue soe is uncertain being as I am inform'd a very mutinous
people, the country never yet well settled ct y' Bounds betwixt us &
them very often in dispute. Coll. Ludwell and Capt. Gibbs (whom he com-
plains of) are both goeing for England soe I hope y' little Province will be
settled too for about itt M'' Sec""^ sends yo"" Lord"' y* request of their Maj"^'
Councill here. Att present both to y* Southward & Northward of us
are in disorder & I fear here is in this Country a great many idle &
poor people y' would be ready to follow their neighbours if they be
suffer'd to continue in theire loose way. ******

Yo'' Lord''" obliged & most obedient humble Servant

FR: NICHOLSON.

COLONIAL RECORDS. 367

[B. P. R. 0. America and \V. Ind. No. 636— Extract.]

GOV NICHOLSON TO THE LDS COMMITTEE 4 NOVEM-

^ BER 1690.

Virginia James Citty Nov' 4"" 1690
May it please y" Lord''*

* * ^ Hi:

I was att our Southern Bounds and if y° Lords Propriet" gett a grant
for North Carolina to begin att y'' Lattitude of 36 & a half, suppose
they will take from this their Ma""' Province a great many Plantacous
to the lessening of their Maj'"'^' Quitt rents & great dissatisfaction of y°
planters for those I spoke w"" in North Carolina, desired to be immedi-
ately under their Maj""' Govern' of Virginia itt lying soe convenient for
them therefore hope wee shall keep them quiet.

* * * *

Yo'' Lordf' most obliged

& obedient servant

FR. NICHOLSON

1691.

[B. p. R O. Colonial P:ntry Book. No. 22. p. 177.]

LORDS PROPRIETORS TO GOV. SOTHEL.

London May yM2'M691

S'

Your Letters directed to each of vs and all of y* same tenour of the
21 of Oct'""' Wee have rec** and are well pleas'* to fiiide you write that you
will submitt to our Instructions for the goverm' and that j^ou never de-
nyed so to doe

Wee hope you are to knowing and to wise a man to claime any power
In Carolina but by virtue of them for no prop*"' single by virtue of our
patents hath any right to the Goverm' or to exercise any Jurisdiction
there vnless Impowered by the rest nor hath any seaven of y' Prop'""
power to bind any one in his priviledge or property vnless by agreem'
among ourselves w"*" agreem' is contained in Our fundamental] Con-

368 COLONIAL RECORDS.

.stitiitioii.s beariug date the 12"' of Jamuiry 1681 tliu.-ie being the
ouely constitutions agreed or signed to by all the eight proprie-
tors and If any proprietor shall come into Carolina and take upon
him governi' grant comissions and traine and exercise men any
otherwise then pursuant to the rules and Instructions for Goverm'
apointed by the rest of }'* proprietors it is by the Laws of England high
treason as wee are well Informed and If any Governor of Carolina shall
without Consent of Our Deputys Impowered by vs or rules from vs take
vpon hira to Impower Judges and other Magistrates It is a very high
misdemeanour in the ^son granting and also in the p'^son who accepts
and executes such Office and all any such Officer shall doe is voyd erro-
neous and at his perill and any man In Carolina that shall take vpon
him to act as Deputy that is not tluely Impowered by vs or by rules from
us is answerable for all he shall doe by vertue of any such pretended
power of Deputy We are Informed that M"" Joseph Blake haveing a
deputation vnder y* hand and seale of Mr. Archdale you have notwith-
standing putt him out from being Deputy and put in M"" Berrisford in
his roome of yo'' owne choice and that Mr. Berrisford acts as Deputy
Wee hope this Liformation is not true for we can never aprove yo' so
doeing and shall be obliged to vindicate our owne rights therein for w'ee
will never alh.iw that any Governo"" vpon any p''tence whatsoever shall
turne out a Deputy that is so apointed to lue vnder hand and seale of
any Prop'*" that tending toMurds a rel)elliou to y" crowne arbitrary power
in himself and the outeiug (if the rest oi' tlic Proj)""'^ of their rights

Wee knowe not what to say to y" protestation of our Deputys vntill
wee are truly Informed of y* matter of fact, they sayeing you positively
refused to governe by our Instnictioiis or rules of Goverment and you
affirm the contrary for If y(ju did rei'use to governe by our Instructions
wee think they did like wise and honest men to act with vou and wee
have a very good Character of the honesty prudence and truth of sev-
erall of them, but we shall suspend our judgem' of that matter untill
yo'' arrivall in England and that wee have proof of the allegations on
both sides We do not aprove of any reflections upon you for Actions
in Albemarle and shall be very ready to shew our resentm' thereof as
soon as you have clear** yo'self from the misdemeanors and opressions
layd to yo'' charge by the Inhabitants of that County w"'' misdemeanors
are viz'

1 That you seiz* upon two persons that came into Albemarle from
Barbadoes pretending they were Pyratts although they produced cockets
and clearm" of their goods from the Governo''* of Barbadoes and Ber-
mudas

COT.ONIAT. RECORDS. 369

2 That }'ou kept these p'^sons in hard (hirance without bringing or
pretending to bring them to tryall In w"^ hard durance Richard Hum-
phrey one of them dyed of grief and ill vsage.

3 That the s"* Richard Humphreys made a Will liefore his death and
left one Thomas Pollock his Executor whom you would never admit to
prove the s'^ Will, though often required by the s* Pollock to permit him
to prove it before you nor woidd not so much as suflFer the Court to at-
test that y" said Pollock had otfred the Will to prove but took all y°
goods into y"" owne hands and converted them to y"" owne vse

4 That the s"* Pollock haveing sett vp his name to come for Englaud
to complaine of y"" Injustice you Imprisoned him without shewing any
I'eason or permitting him to see a copy of his mittimus

5 That you have for bribes withdrawne accusations that were for
felony and treason

6 That you did unlawfully Imprison one Rob' Cannon

7 That you did arbitrarily and vnlawfully detaine from John Stewart
one negro and seven pewter dishes

8 That you did Imprison George Durant upon p'tence of his haveing
said some reflecting words of yo^self and did compell him to give yon a
bond for a snme of money while he was in durance and did afterwards
on p""tence of y' bond seize upon all the estate of the said George Durant
without any process or collor of law and converted the same to yo'
owne vse.

9 That yon did vnjustly take from one -Tohn Tomlin his plantation.

10 That you did vnlawfully detaiue the Cattle of George Mathews
and refused to deliver them although there was an oi'der of court for it

11 That yon took the plantation of John Harris vpon p''tenceof a sale
of the same to yon by the said Harris although you knew the s"* Harris
was vnder age

12 That you vnlawfully seizd vpon y" estate of one Mowberry

13 That you did by y"^ power as Governo" and proprietor seize upon
several! mens estates without process of law and did severall other vnjust
and arbitrary actions for w""" misdemeanors^and other opressions, the In-
habitants of Albemarle Imprisoned you with intent to send yon prisoner
to England and there to accuse you but you Intreated them not to send
you to England but that you would submitt all to be determined by the
next Generall Assembly who accordingly gave Judgement ag' you In all
the forementioned particulars and compelled you to adjure the Country
for 12 months and the Goverm' for ever wdiich proceeding of yo''self and
the people is in our opinion prejudicial to the prerogative of the Crown

43

170 COLONIAL RECORDS.

and the hoiio"^ ami dignity of vs the pro])**""' Wherefore a.-!^ in (hitv bonnd
and for our owne vindication Wee are resolved to have this matter thor-
oughly inquired into that wee may take such course for the p^'venting
such disorders for the future as shall apeare most fitting for the asserting
of their Ma'*'" prerogative, the peace of the province the just libertys of
v' people and vindication of ourselves But are vnwilling to proceed therein
untill we have first spoken with you Wherefore desire and require that
you come speedily for England that wee may have a fidl and clear In-
formation of all matters and bee thereby Inabled to know how to pro-
ceed and If you shall refuse or delay to come Wee cannot avoid thinking
you guilty of all the misdemeanors layd to yo' charge and shall be con-
strained for our own vindications and to shew our abhorrence of the In-
justice and opression practiced by any of our number to lay the whole
matter before the King and pray his mandamus for yo" apearauce here to
answere what shall be objected ag' you w"^ we hope you will not compell
vs to wee being vnwilling to make you a publick shame or to bring you
vnder a prosecution wee ourselves cannot stoji when once begun.

Our Deputys had orders from vs not to call any Parliam' in Carolina
without directions from us vnless some very extraordinary occasion should
require it Wherefore wee cannot blame them for following our In-
structions nor can wee aprove of yo'' Incourageing the people to petition
for a parliament or calling one because thoy did petitiim, tumultuous pe-
titions Ijeing prohibited by Act of Parliara' here with a severe penalty
upon such as shall break that law and we know not how farr such ill
example In Carolina may Influence his Maj""' subjects In his other
American plantations, but since you write that the Inhabitants have
Intentions to depute 2 persons for our better Information of all matters
wee have directed our Deputys to'consent to the calling of a Parlia* for
that purpose, for any Parlam' called by you with consent of such dep-
utys as are not duely Impoweved by vs wee cannot allow to be a Par-
Ham' nor can wee tell how to justify our own consenting to any acts made
by such Assembly.

Wee here Inclosed send you copie of some Articles vnder the hands
and scales of the prop*"" in 1872 to w"^ ray Lord Clarondon sett his
hand and seale-and to which any that claime vnder him are bound Wee
have no thought nor Intentions to doe you wrong or Injury, but on the
other side wee shall not permitt ourselves to l)e Imposed on nor his
Maj''" Subjects that live under our Governm' to be opress* or unjustly
dealt with by any p'^sons whatsoever and shall much rather surrender our
Governm' to the King than suffer it If it bee not to be remedyed other

COLONIAL RECORDS. 371

ways for wee liave no other Interest to keep the Govern* in our owne
hands, but that \\ ee may be able to assure the people they shall not be oprest
by y* Govern* and thereby Ineourage them to goe to Carolina to take
our Land and pay vs the rent, for it is not our Intentions to make profit
by the Govern* ourselves or to suffer any Officers vnder vs to opress y°
people by extragant fees and grow rich by the rune of y* people Wee
rest yo"" affectionate friends
To Seth Sothell Escf'

P COLLETON CRAVEN Palatine

JOHN ARCHDALE for ASHLEY

THO: ARCHDALE CARTERET

THO: AMY

[B. P. R. O. America and W. Ind : No. 637— Extract.]

COLL. NICHOLSON TO LDS OF THE COmlTTEE 10 JUNE

1691.

James Citty in Virginia June y' 10*'' 1691.

May itt please y"" Lord""'

* * *

If y' Petitions of y" Councill & Burgesses & of y" Burgesses alone
(w"'' I transmitt to yo'' LordP') \v\\\ not be granted I most humbly offer
y* they may be kept in hopes & have noe absolute deniall, soe long as
New England, Pensylvania, Maryland & y" two C-arolinas are unsettled
(w'"' I suppose will ever bee till their Ma*^' shall be graciously pleased to
send Gov''" into those Colonies) for they may be fatall examples by en-
courageing y" Mob & now they harbour our Serv*^ Debtors & Slaves. I
hear y' at South Carolina one M"" Southwell who was banished about
eighteen months agoe by y" Mob out of North C-arolina now heads them
there, soe y* they are in great dis<n-der Pennsylvania being in y" hands of
y** Quakers & few or noe Militia to defend that Country if attacqued l)y
an Enemy, itt may bee a retreating place for them & if they bee of Wil-
liam Penn's pernicious principles they may hold Correspondence with y*
French and Indians by land & w"' the first at sea For in all these parts
thev correspond very much one w"* another but I have putt out a Pro-
clamacon about them & all y° loose Governm" too.

Yo"" liord'" most obedient huml>le Sei'vant

FR. NICHOLSON.

372 COLONIAL RECORDS.

[B. P. R. O. Virginia. B. T. Vol. 5 B. A. p. 2.]

ATT A COUNCILL HELD AT JAMES CITTY 8^" 20*'^ 1691

\ Present

The Rt. Hon"^ Fnmei.s Nicholson Esq" Their Maj^ Lieut. Gov"" & the
Hon"" Councill

This Board takeiug into their consideration that the line between this
their Maj" Governm' & the Proprietary Governm* of North Carolina not
being setled occasions great dissatisfaction to the inhabitants adjacent thereto
and f )r that this Gov* hatli ahvays granted lands to the lattitude of 36
antl never any Grant or Comand hath forbidden the same nor claime
made on this side that latitude till of late some of the Officers of the
government of North Carolina have disturbed the inhabitants demand-
ing levies and Quit rents from them pretending the Propriet"
Grant is to the latitude of 36J And to the end it may be knowne to
what latitude the Propriet" Grant is M' Sec"^ Cole is ord^ to wi'ite to M"
John Porey & desire him to search and finde out whether their Grant be
confirmed to the latitude of 36i under the Great scale of England And
if it be that then he obtaiue their most Gracious Ma**' Order that the
Propriet" at such time as this Govern' shall appoint cause the same to be
laid out but if a Grant be not confirmed to them under the Great Scale
to the aforesaid latitude he endeavour to hinder the same by setting forth
to their Maj^ that it will be a great lessuing to their Maj' quit rents of
this Colony and to the great dissatisfaction & discouragem' of these in-
habitants who have many yeares since obtained the grants of those lands
and lived and inhabited thereon as alsoe will cause great alteration in the
long and well formed settlem' of that part of this Govern' by taking
away a great part of several Counties and leaving such a small slip of
land in this Govern' on the South side of James River as will be diffi-
cult to frame in a good Method And the laud soe taken away not con-
venient for the Governm' of North Carolina lyeing far from any con-
veuiency of goeiug to it by water except they come into this Govern'

COLONIAL RECORDS. 373

[B. P. R. (). Colonial Entry Book. No. 22. p. 199.]

William Earle of CnivcMi Lord Viscount Craven Baron of Hanipstead
Marshall Palatine

To Collonell Philipp Ludwell Governor of Carolina

Whereas It is agreed by the Lords Prop'"''' of the s* province that the
Palatine should name the Governor I out of the trust and confidence I
have of the wisdome prudence Integrity and loyalty of you Coll : Philipp
I^udwell doe hereby nominate constitute and apoint you the said CV)11.
Philipp Ludwell to be Governor and Comander in Cheif of Carolina
with full power and authority to doe act and execute all such Jurisdic-
tions and powers as by vertue of the rules of Goverm' and Instructions
given by myself and the re.st of the Lords prop'"''' of the s** province a Gov-
ernor is to doe and exercise and you are to follow such Instructions as
are herewith given you or that you shall hereafter from time to time re-
ceive from myself and the rest of the Lords Prop*"'' of the s"* province
and thus to continue dureing my pleasure. Given vnder my hand and
scale this second day of Nov''^'' 1G91

CRAVEN Palatine

[B. P. R. O. Colonial Entry Book. No. 22. p. 187.]

INSTRUCTIONS FOR COLL. PHILIP LUDWELL GOV-
ERNOR OF CAROLINA

[8 November 1691.]

1. Wee the Lords Proprietoi's have agreed that the eldest of the Lords
|>,.^ptors j^j-^^i ^]-|jj^ ^^,jj^ Proprietor the first of March one thousand six
hundred sixty nine sliall be Palatine.

2. But after the decease of them he that hath been longest a Prop'"'
and hath paid the full proportion with the rest for settling the Province
shall be Palatine but after the year One thou.sand seaven hundred and
decease of those that were Prop'"' the first of Marcli one thousand six
hundred and sixty nine the eldest of the then Lords Prop""' and A\'ho
hath paid as afores*^ shall be always Palatine.

3. It is also agreed that there shall be seaven other great offices erected
viz : Admirall Chamberlin, Constable Chief Justice Chancellor High

374 COLONIAL EECOEDS.

Steward and Treasurer to be enjoyed by none but the Prop*"" and that
upon the vacancy of any x»f these offices the eldest of those Prop''"^ tliat
was Prop*""" the first of March one thousand six hundred sixty nine shall
have his choice and after the decease of those he that hath been longest
a Prop'"" and hath p"^ his full proportion of money that hath been ex-
pended in the settlera' of the Province but after the year one thousand
seaven hundred the eldest man of the then Lords Prop*""' and that hath
payd his money as above shall then have his choice.

4. The oldest of those Prop'"" that were soe the first of March one thou-
sand six hundred and sixty nine that shall be in Carolina and hath payd
his full proportion of the money expended by the Lords Prop*"" shall of
course be the Palatines Deputy unless the Palatine and three more of
the Ijords Pro})'""^ shall otherwise direct under their hands and scales.

5. The Palatine is to name the Governor and the Admirall, the Mar-
shall of the Admiralty, the Chamberlain, the Register of Births, and
Marriages, the Constable the Marshall of the Regim*' the Chief Justice
the Register of Writeings and Contracts, the Higli Steward the Surveyor
of Land, the C'hancellor, the Serjeant at Amies attending the Chancery
and upon any man's producing a Comission from any of the Lords
Prop'"'' under his hand and scale for any Office In tliat Prop*"" disposal
you are to admitt the person so comissioned to the execution of the sayd
office.

6. For as much as it is of great security to the Iniiabitants of Caro-
lina that no ill or unjust man be in so great a trust in the govern* as a
Proprietors Deputy any Deputy of a Lord Prop*"' howsoever constitu-
ted shall cease to be a Deputy when the Palatine and three more of the
Lords Prop*"" shall under their hands and scales so order and direct.

7. For as much as it may be very mischievous to the Inhabitants of
our Province to have any Governor Deputy or any Officer in the choice
of the respective Prop*""'" not in the power of the Palatine & Prop*"'' to
be removed when he shall act unjustly or contrary to law and to the
oppression of the people or contrary to the peace or quiet or security of
the Settlement any Gov' whether one of the Ijords Prop*"" or other is
to cease to be Governor when ever the Palatine and three more ol" the
Prop*"" shall under their hands and scales signity it to be their pleasure
and so direct or when any six of the Prop*"" or their Guardians if under
age shall under their hands and scales soe direct, altlwi' the Palatine be
not one of them.

8. Upon the death of any of the Lords Prop" you are not to admitt
anv person t(i any office that was in that Prop'"" dis])oseall who is dead

COLONIAL RECORDS. 375

hv vertiip nf a ( oinissi'iu from niiollicr Pi-(ip'"'' until tlir Pulaline and
three more of the T^/orrls Pro]-)'""' have certified under their hands and seales
that sneh Prop"" hatli ritjht to and is admitted unto the place of that
Prop'"'' who is deeeas'^ and had dureino; his life time power of disposeing
of the sayd place.

9. Wee have alsoe agreed that each of the Lords Prop'""'" shall nominate
or apoint a Deputv under his hand and seale to be recorded in the Sec-
retarv's office in Carolina.

10. The Lords Prop*"'" Deputys are to be your Council!.

If it shall happen that any of the Lords Prop"^ Deputys shall by death
or departure out of Carolina cease to he a Deputy that there may not
be a failure in the Gover' for want of a due number of Prop""" Deputys
You our Governor and the rest of our Deputys who are soe by Deputa-
tion under the hand and seale of the Proprietors are by majority of votes
given by ballot to choose a person to be a Deputy for that Proprietor
whose Deputy is dead or departed the Province who shall continue to be
a Deputy and have the same power as our other Deputy unless in electe-
ing Deputys untill that Prop""' shall under his hand and seale have
apointed another Deputy.

n. You our s"^ Governor are by and with the consent of any thi'ee or
more of our Deputys testifyed by their signeing the Comission and where
wee ourselves have not apointed or shall not a])oint a person or persons
for the s* office to constitute a Chief Judge by the name of a Sheriff with
four Justices for the tryall of causes in any of tlie Countys that have
fifty freeholders qualifyed to serve on Juryes w"*" Sheriff and Justices are
to take an oath if free to swear for the due administration of Justice.

1 2. Untill any County have a C!ourt erected in it the causes of the
inhabitants of that County shall be tryed in that County that lyes next
to them and where a County Court is already appointed and the Inhabi-
tants of such C'ounty may serve as Jurymen untill a Court be erected in
the next County where they reside.

13. All processes and actions to be tryed in the County Courts and
pleas &c. shall be entred and Records kept of them by the Clearke of
that County C!ourt where the Action is to be tryed the Clearkes of the
respective County Courts shall be appointed by the Chief Judge or sheriff
w"*" Clearkes are to be sworne for the due Execution of his office and give
security by his owne bond.

14. You ai-e by and with the consent of our Deputys to apoint a Mar-
shall to each County who is to execute all Writs and Executions Issuing
from the s* Court.

376 COLONIAL EECORDS.

15. All proee8S Writf^ and Ext'Oiitiun.s Iss^ueing in Actions or Causes
to be tried before v^'self and our Depiitys shall be served and executed
by the Provost Marshall. All actions Pleas &c. to be tryed before y'self
and our Deputys are to be entred by the Secretary by us apointed and
records thereof kept by him.

16. Yourself and our Deputys are to hear and determine of Writs of
Error from the Inferior County Courts and to be the Court of chancery
untill wee shall otherwise direct.

17. You and our Deputy are to heare and determine all Causes Crimi-
nall and Judgem" thereon to give and execution to award according to
Law and as often as yourself and any three or more of our Deputys
shall think it fit

You are also hereby Impowered to grant Comissions to such other
persons as yo''self or any three or more of our Deputys shall think fit
to heare and determine all Causes Criminall and Judgem" tliereon to
give and execution to award according to law.

18. And if it shall apeare to you that any person found guilty is a
fit object of mercy you are by & with the consent of any three or more
of our Deputys to stop exeentidu and rcpreive the said person and then
you are forthwith to send us a copy of the indictm' and an ace"* of the
proofs against the said person and the reasons why you think him worthy
of mercy.

19. What other Ofticcr you our s'' (iovoriioi- and our Deputys shall
find necessary for the better administration oC justice and carryeing on
the goverm' and for w'"" office no person is before comissioncd by us or
provission made, you are witli consent of our Deputy to grant Comis-
sions fitr A in our name under the little scale apointed for the use of the
goverm' in Carolina to be in force untill it shall be otherwise directed by
the Palatine and three more of the Lords Prop*"" under their hands and
scales or a Comission by them granted to some other for the s** place un-
der the great seal of the Province you are to grant no Comission but
dureing pleasure only.

20. And whereas power is given unto us the Lords Prop'"'" by vertue
of our Letters Patents from the Crowne to make ordaine and enact and
under our scales to publish lawes for the better goverm' of the s* Prov-
ince by and with the advice and consent and aprobation of the freemen
of the s**. Province or their delegates or the major part of them and in
order thereunto to assemble them in such maner and forme as to us the
Lords Prop'"''" shall seem best you are with the consent of any three or
more of our Deputyes when ever yon shall thinke there is need of lawes

COLONIAL RECORDS. 377

fur llie better anil mure peaceable guverui' of the inhabitants of our
Pi'ovince in our names to Issue writs to the Sheriifs of the respective
Countyes to clioose twenty Delegates for the freemen of Carolina, viz
five for Albemarle County five for Colleton County and five for Berke-
ley County and five for Craven County to meet and in such place and in
such time as you and any three or more of our Deputys shall think fit
to give their advice assent and aprobation to such Lawes as shall be
thought reasonable to be enacted for the better Goverm' peace and wel-
fare of the s"* Province always provided that the said laws be not repug-
nant to the Lawes of England.

2L And that there may be no dispute about the boiuids of Countys
Wee have thought fit to apoint that the bounds of Albemarle County be
from the great river called Albemarle River on Ryanoke River to Vir-
ginia, that the bounds of Craven County be from Sewee twenty three
miles to the North East along the sht)rc and from thence thirty five miles
in a North west line into the land that the tjounds of Berkly C-ounty be
Sewee in the North East and so along the Sea to Stonoh river to the
South west and thirty five miles back into the Land from the sea.

22. And that the bounds of Colleton County be Stonoh river on the
Northwest and Combehee on the Southwest and thirty five miles into the
land in a streight line from the Sea and where the rivers nominated for
the Northeast & Southwest bounds of any County doe not extend full
thirty five miles from the Sea in a streight line the bounds of the s'* Coun-
tys are to be streight lines run from the heads of the s** rivers untill it
meet w"" the Northwest bounds of the s* County w'^'' is to be thirty five
miles from the sea and no more.

23. The Countys farther up then thirty five miles from the Sea shall
have the same rivers for their bounds If they run so farr up but if the
rivers run not so farr then a line ruueing Northwest shall be extended
thirty five miles farther into the land then the Northwest bounds of the
County next the Sea w"*" lines rimeing Northwest shall be the Northeast
and Southwest bounds of the s'* County

24. And when any County shall make it appeare that by Grants regis-
tered in the Registers Office that there is in that County forty freeholders
you are then to issue Writs to the Sheriff of the s"* County ibr the choos-
ing of four Delegates to rep^sent in the Assembly the freemen of that
County and then you are to issue Writs to the forenamed Countys for
the choice of four Delegates for each County onely.

25. And as other Countys come to be planted and make it apear there
is forty free holders in the County you are to issue Writs in such Countys

44

378 COLONIAL RECORDS.

for the elKiice of four Delegates also to re])^seiit them in the generall As-
sembly of the freemen of the Province and before any County have forty
free holders so as to have Writs directed to it for the choice of Represent-
atives for the Connty they reside in they are to give their votes for the
choice of Delegates in the County next to them that is qualifyed to choose
Delegates.

26. At the same time that you issue Writs for the choice of Delegates
for the County you are to send Writs in our names to each of the Land-
graves and Cassiques of Carolina to convene and give their advice and
consent in the passing of such lawes as shall be thought reasonable and
the Landgraves & Cassiques are to sett together w"" our Deputys.

27. With the advice and consent of om- Deputys and the Landgraves
and Cassiques and Delegates of the Freemen thus assembled or the major
part of them you are to make ordaine and enact such lawes as shall be
thought necessary for the better Goverm' of our Province but to be rati-
fyed by y'self and three or more of our Deputys luider their hands and
scales in presence of tlie Landgraves & Cassiques & Delegates of the
Countys before such acts be published or allowed to be lawes w"*" lawes
see past are to continue in force for two years & noe longer unless within
that time they are ratifyed and confirmed under the hands and scales of
the Palatine and three or more of the Lords Prop" themselves and by
their order published in the Generall Assembly.

28. Any law soe past before it hath been ratifyed under the hands and
scales of the Palatine himself and three more of the Lords Prop''^ them-
selves under their hands and scales and by their order published in the
Generall Assembly of the Landgraves and Cassiques and Delegates for
the Countys shall cease to be a law whenever the Palatyne and three more
of the Lords Prop" signify their Dissent to it under their hands and
seales.

29. You are constantly to transmitt to us all lawes past as soon as
possible.

30. You our Governor are by and with the consent and advice of any
three or more of our Deputys to adjourne prorogue and dissolve the
Generall Assembly as often as you shall think it requisit so to doe.

31. Wee having long since thought fit to take all the Indians reside-
ing within four hundred miles of Charles towne into our protection as
Subjects to the Monarchy of England you are not to sutfer any of them
to be sent away from Carolina.

32. You our said Governor are to be Comander of all the forces raised
or to be raised within y^ limits of y^ Goverm* over whom yon are to place

COLONIAL RECORDS. 379

officers and them remove at your pleasure and to cause the sayd forces to
be duely exercised in armes and to doe all other things that to a Com-
ander in Chief doth* belong.

33. You our said Governor are to direct the meeting of our Deputys
as often as you shall think fitt.

34. If you our a^ Governor should happen to dye or depart the pro-
vince or any other ways to be out of the Governm* and no person on the
place Commissioned by the Palatine or us the Lords Prop'*"'^ Our Will
and pleasure is that the prop''" Deputys who are made so under the hands
and scales of the Prop'*"'" shall choose one of the Landgraves to be Gov-
ernor. If any Landgrave be then in Carolina and against whom there
is no objection and If there be any objection against the s* Landgraves
being Governor they are to transmit the s** objection to us but If there be
no Landgrave in Carolina against whom there is noe objection that then
those our Deputys are hei'eby empowered to choose one of those our
Deputys who is so by virtue of a Deputation under the hand and scale
of a Prop'""' to be Governor untill another shall be apointed by the Pala-
tine and If there be no Deputy who hath a Deputation under the hand
and scale of a Prop'"" That then the Deputys may choose one of those
Deputys put in by the Governor to be Governor as aforesaid.

35. You are to be very Carefull not to suffer any of the Inhabitants
of our province to Comitt any acts of hostility against the Spanyards.

36. You are to suiter no fines to be layd on any one for misdemeanors
by them comitted but to our vse the fines soe layd being our right.

37. You our s* Governor upon any misdemeanors comitted are by and
with the consent of any three or more of our Deputys to suspend any
Officer in Carolina put in by any of the Prop*"'^ ex(«pt our Deputys and
our Receiver Generall and place another to execute the s* Office in his
roome untill our pleasure be knowne and while the said Office is exe-
cuted by another he that so shall execute the s* Office is to keep an ace"
of the profits of the s** Office and be responsible to the party who is so
suspended for the profits of the s"* Office. If wee Ourselves shall think
fit to restore him and soe direct and you are to send to vs the reason of
such suspension that we ourselves may be enabled to judge If there be
sufficient cause for yo"" so doing and what the s'' party doth alledge for
himself.

o8. Any Officer put in by any of the Prop*"" If he execute the s*
Office by a Deputy is to take such Deputy as you our Governor and our
Deputys shall aprove of and no other.

39. You are to take all Imaginable care to see the acts of trade and
navigation duelv to be observed.

COLONIAL RECORDS.

40. Yuii are to vse yo' vttuiust eiuleavour to seize any Pyrats that shall
come to Carolina and you are to prosecute all such as shall presume to
trade with them or have any comerce witli them contrary to law to all
the vttmost rigor the law allowes.

41. In all other matters not limited or provided for by these our In-
structions you our s* Governor are by and with the consent of any three
or more of our Deputys to make such Orders from time to time for the
peace and safety of the Government there as to you shall seem necessary
and wee ourselves have power to do by vertue of our Charter from the
Crown w"*" orders you are forthwith to transmit to vs with yo" reasons
for the makeing of them w"** orders are to be in force untill wee shall
under tlie liand and scale of the Palatine and three more of the Lords
Prop*"" otherwise direct and no longer.

42. These Instructions shall be the Rules for proceedeings for any
succeeding Governor as well as yo'self and be put in Execution by him
untill wee shall otherwayse direct.

43. Wee doe hereby repeale and make voyd all former Instructions
for the Governm' of that part of our province that lyes south and west of
Cape feare and all temp(jrary hiwes whatsoever these our Instruc^;ions be-
ing to be yo"" onely rule for the Governm' of the future untill wee shall
otherwise direct but our powers and rules fjr granting land are not hereby
revoaked but to remaine as they are Giuen vnder our hands and scales
this eighth clay of Nov''*'' one thousand six hundred and ninety one.

CRAVEN Palatine
JOHN ARCHDALE ASHLEY

for THO : ARCHDALE

P. COLLETON
THO: AMY

[B. P. R. O. Colonial Entky Book. No. 22. p. 197.]

ADDITIONAL INSTRUCTION FOR COLLONELL PHILIP

LUDWELL GOVERNOR OF OUR PROVINCE

OF CAROLINA

If you shall find it Impracticable for to have the Inhabitants of Al-
liemarle County to send Delegates to the General A.ssembly held at
South Carolina you are then to Issue yo"" Writs to the Sherift' of Berkly
County to choose seaven Delegates for that County and to the Sheriii' of
Colleton County to choose seaven Delegates for their County and to the
Sherift' of Craven County to choose six Delegates for that C(junty for

COLONIAL RECORDS. 381

the Generall Assembly of that part of our province that lyes South and
west of Cape fear and so to continue vntill more Countys are planted and
shall be able to choose Delegates for the Generall Assembly as is apointed
in our Instructions bearing date the eighth day of Nov*"" One thousand
six hundred and Ninety one If you shall find it needfull you our Gov-
ernor are and are hereby Impowered to apoint a Deputy Governor of
North Carolina with such powers as you shall think necessary provided
the same be agreeable to and do not exceed those by vs granted to yo^'self
Given under our hands and scales this eighth day of Nov' 1691

CRAVEN Palatine
JOHN ARCHDALE ASHLEY

for THO ARCHDALE P. COLLETON

THO AMY

[B. P. R. O. Colonial Entry Book. No. 22. p. 194.]

PRIVATE INSTRUCTIONS TO COLLONELL PHILIPP
LUDWELL GOVERNOR OF CAROLINA

[8 November 1691]

1. M' Scth Sothell and the people of Carolina having acted contrary
to all the fundamentall Constitutions of the Government and M'
Mathews who pretends to be impowered by the people assureing us the
people owne none Wee have made yo' Instructions sutable to our Char-
ter from the Crowne and the people desiring a power of proposeing in
the parliam* without passing the Grand Councell first Wee know no
further use of such a Councell wherefore you are to call none such untill
the people shall consent the proposeing power for lawes shall be in the
Grand Councill as was directed by the Constitutions.

2. Wee haveing heard that the people of Carolina complaine of hard-
.ships and greivances that are upon them You are to Inquire what tho.se
hardships and greivances are and represent the same to us and what will
be fit to be done by us to retlress them.

3. Whereas it hath been insinuated to us in a paper signed by Andrew
Percivall Robert Quarry Ralph Izzard George Mus-champ John Harris
and John Berresford That James Colleton E.scj'' our late Governor did
sett up Martiall Law thereby the better to Ingrosse the Indian trade to
himself you are to make strict Inquiry into that matter upon Oath and
give us yo"' repijrt thereof in writeing And you are to send the deposi-

382 COLONIAL RECORDS.

tions whereon yo'^ report is groimded to us And you are to examine upon
oath such witnesses as the s** James Colleton or any for him shall pro-
duce to be examined for his owne vindication you are also to Inquire
what other Injustice or extortion was pi'actised by the said James Colle-
ton dureing his Goverm' and report the same to us how you find it.

4. Wee are Informed that some of the Inhabitants of our Province
have kilP severall of the Indians w'^'' being of pernicious Consequence
not onely in Carolina but to all others his Majesty's Subjects in the
Northern America yon are to make strict Inquiry theret)f upon oath and
if you find any person guilty thereof you are to cause them to be In-
dicted and tryed for the same according to la^v and such punishm' In-
Hicted as the law apoints to such offenders that wee may bee able to
acquitt Ourselves to their Maj'^ and make our Justice knowne to the
Indians and all the world.

5. You are to make strict Inquiry upon Oath by wiiat authority M""
Berresford and any other acted as Deputy and whether M' Sothell i-efused
to suffer any to act as Deputy who had deputations under the hand and scale
of any of the Prop'"" and send us the depositions taken in this matter
attested by yo'self and you are to take notice that there were no Deputa-
tions sent by any of the Lords Pi'op''"'" by Capt. Dodson except a Depu-
tation from S"" Peter Colleton to Capt. Joseph Blake and the blank Depu-
tation in the custody of James Co]lett)n were Inti'iisted to him to be filled
up by himself onely and uoe other.

6. You ai'e to make strict Inquiry by what authority Capt. Robt.
Quarry sat as Judge or Sheriff of Bei'kly County and if you find his
Comission is not signed by three legall Depntves as well as tlie Governor
or by any other Authority duely derived from us you are not to allow of
any Judgem' given by him as legall but look upon them as tryed by no
legall order.

7. You are to restore Paul Griniball Esq" to all the places he enjoyed
under us and out of which he was put and you are to suffer the s** Grim-
ball and all other persons to take his course at la^v against any person or
pei'sons whatsoever that hath done him or them Injury or Injustice.

8. You are to restore Bernard Skenking Esq to his place of Chief
Judge or Sheriff' of Berkly Coimty Wee haveing had no complaints-
against him for injustice and found him always faithful! to us and you
are to add tour Assistants to liim of whose probity and loyalty to their
Ma'-''* and fidelity to ns you ha\'e a gx)od assurance.

9. If you find the nuud)er of offendors in the late disortlers in Caro-
lina to be so many that it may be inconvenient to punish all you are then
to grant oui- pardon to all (with exception to such as have been guilty

COLONIAL RECORDS. 383

ul' high tirason towards thi'ir Maj'*^" and willfiill )imr(l('i') hut some fe\v
of the most notorious and obstinate oifendoi's and against whom the proof
of their crimes is playnest against whom you are to proceed at law It
being necessary for the future quiet of our Province to have some made
examples or to be at mercy at least.

10. Wee are Informed that there are very good perle in some rivers of
Carolina w"*" being granted to us by our Charter you are to consider the
properest way how to make the same profitable to us either by our rente-
ing the same to some person or persons or what other way you shall think
fittest for us when you are upon the place.

IL You are to encourage all people that will to reside at the Sevanah
towne or any other place among the Indians that the Inland parts of our
Province and the strengtht of the severall Nations of the Indians may be
fully knowne.

12. You are to suffer all persons that will freely to trade with the
Indians.

13. You are to make strict Inquiry upon Oath If M" Sothell did
grant any Comission to Pyrates for rewards or otherwise w"'' Jonathan
Emery knows as M'ee are Informed who had twenty guineas for procur-
ing a Comission from s** Sothell and if you shall find any such Comission
was granted by him in our names you are to enter our dissent to it on
record Incerting that such a Comissioji was granted without our consent
and knowledge

14. Wee are Informed that severall Persons in Carolina not desireing
to be Incumbred with a rent are willeing to buy their Land for w'''' rea-
son wee have given power to Our Trustees for granting land to sell six
thoiisand akers and pass grants for the same to such persons as shall first
have payd the purchase money in jjieces of eight after the rate of five
shillings the piece of eight to Paul Grimball Esq. our Receiver which
you are to Incourage men to do as much as you can.

15. You are to direct the Survey o'' not to run out land for any mau
North of Santee River untill you shall receive further orders from us.

16. If you find it needfull you are hereby Impowered to apoint a
Deputy in North Carolina

17. You are to use yo'' uttuKjst endeavour to reduce the people to a
sober vertuous maner of life by punishing all debauchery and profane-
ness

18. If you find there hath been mouays illegally collected or extorted
from the people you are to cause restitution to be made in a legall ma^er
and \\ith the least disturbances to the quiett of the place as you can

384 COLONIAL RECORDS.

19. You are tu put iiune in Ollice iu Caiuiiua tliat art; ^uspeL'ted not to
be friend to the pres' Governi' here.

20. You are to make strict enquirv upon oath It" jNP Sothell did refuse
to governe by our Instructions and send the depositions and yo' owue
report how you find it to us.

2L You are to nse yo'' uttniost endeavor to make a setlem' of a Towne
remote from the Sea to be hereafter the seat of the Goverm'

22. You are to make strict Inquiry wliat rents or otlier payments are
due to us and give us an ace' thereof as soon as possible

These onr Instructions and as many of them as you shall think fitting
you are to shew or keep private as to you shall seem best.

Given nnder our hands and seales this eighth day of Nov''" one thou-
sand six hundred ninety one.

JOHN ARCHDALE for CRAVEN. Palatine

THO: ARCHDALE. ASHLEY

P. COLLETON. •
THO. AMY.

[B. P. E. O. Colonial Entry Book. No. 22. p. 201.]

London this of Dec"" 1691

Wee have rec** severall Letters and papers from yon w"*" wee would have
answered fully now but that we want further Infoi'mation in some par-
ticulars which wee hope wee shall be .-^atisfyed in soon afler the arrivall
of our Governo"' Coll : Philip Ludwell amongst you. Wee Avere ex-
tremely troubled when wee heard of the sufferings of the Inhabitants of
North Carolina by the arbitrary proceedings of M"' Seth Sothell which
unjust and Illegal actions wee abhor and have taken the be,st care wee
can to prevent such for the future And that all men may have right
done them who have suffered by him. Wee shall always endeavour yo"^
good and welfare and to make peace plenty and happiness to florish
amongst you you Wee comitt you to the protection of Allmightv God
and rest

Yo'' very affectionate friends

CRAVEN Palatine
ASHLEY
To Our Council! Magistrates and CARTERET

Inhabitants of that part of our P. COLLETON

Province of Carolina that lyes
North and East of Cape fear

C'OLONIAL RECORDS. 386

1692.

[B. P. R. O. America & W. Ind: No. 637.]

To the R' Hon"' their Ma' Leiu' Gov'' & the Hon""^ Coiiiieill of State.

In obedience to an ord'' of the R' Hon"'^ the Leiut" Gov' & the hon"^
Couneill beareing date the 22'' S""" 1691, At the mouth of Weyanock
River orCreeke being a Branch of the great River of Roanoak otherwise
called Chawan & Albemarl River, being alsoe tlie bounds of the p'tended
latf Grant to the Lords Proprvet" of Carolina.

Upon the 8 & 9"" day of March An"" 1691-2 together with M' William
Heslett my Assistant, & divers other persons that aceompanyed mee, I
made two sev" observacons of the sunns altitude at Noone, & find the
Latitude of the Mouth of the s* Weyonock River or Creeke to be North
Lattitude 36 deg: 25 min :

I further observed that at that place the Course of the said River of
Weyonock runns up Westerly tending 40 or 50 deg' Northerly & the
course of the Blackwaf runns up at that neare North.

I alsoe set my lustrum' due East, and was Informed by y" Indians,
that it directed to the Plantation of Tho: Gough, an Inhabitant in Sum-
erton (a Settlem' of sev^' Plantations in the County of Nanzemond) abcnit
ten miles distant.

The next day being the 10"" of March proved very Rayney.

On the 11"" day I went to Sumersett afores'' near to the place directed
by the Indians where we made an observacon of the Sunns Meridian Al-
titude (haveing a very fair observacon) & find, that to be in the Latitude
of 36 deg : 27 Min : North. Soe that if these observacons be true and
exact; An East line (being the Reverse of their Grant) from Weyonock
\vill include the Plantations t)f Suirierton, and all North of that line into
this Goverm' But leaves Bennetts Creeke, Buckland, Sarum &c. out.

The 16"* of March I set out for Corotuck Inlett to which place I came
the 19"' of the same & upon a place called Cowpenpoint on the North
side of Corotuck River, or Inlett, Wee observed y'^ Su^s Meridian Alti-
tude to be 57: deg' 20 min'" by w°'' the latitude of that place is North 36
deg^ 28 min'".

I alsoe observed by my lustrum' that a West line from thence went
over Knots Island; leaveiug the greatest part of that Island on the South

45

386 COLONIAL RECORDS.

side the West line, hut eonkl from tlienee make no further observacons
of the beareing of any remarkable Settlem*'* Contiguous to the place.

But I sent the said M'' Harslett round the Sound & sand banks to a
place called Chases point, (being near 70 Miles about) to make observa-
cons of the Mouth of North River & No: West River, w* are in y°
County es of Princess Ann & p' in Ijower Norfolk, who hath to me re-
ported that a West line from Corotuck aforesaid runns over p' of Chases
point, & excludes Cap' Gibbs plantation, being on the point of the Neck,
betweene North & North west river afores*^, & Crosses North West
River about three Miles from the mouth thereof, according to a Scheeme
or Piatt, thereof ready to be delivered to yo' Hono"^

I returned home the 22'"' March.

Yo'' Hon" most humble & obedient Servant

THO: MILNER.

1693.

[Records of Perquimans Precinct Court.J

AT A COURT HOLDEN AT THE HOUSE HARRIS,

FIRST MUNDAY IN MAY 1693

Present

Alexander Lillington^
Caleb Calloway ( -^^ „

John Barrow [ "

Thomas Lepper J

I will well and truly as Clarke of this Court enter all such orders as
shall be directed to mee, and wilbe truly fl'aithfull in all such records as
shall be committed to me in charge, I wilbe secret in w' shalbe required
of me by this Court to be kept and according to the best of my skill and
knowledge execute the office aforesaid so help me God

EDWARD MAYO.

A Will of Robert Smiths was proved by the oathes of Thomas Steele
and Elizabeth Godfrey

Ordered that Jonathan Bateman & John Durant be appraisers of the
said estates.

COLONIAL RECORDS. 387

Ordered that Jolm Godfrey Jonathan Bateman and John Dnrant be
apj^raisers of the estate of Thomas SUui<iliter & Margarett Slaughter
St° Manering vers Rob Beasley

In an action of the case refered to the Jury ifoll : the Jury finds no
cause of Action.
St* Manering vers Rob. Wilson

In an action of defamation referred to y" Jury ftbll : the Jury finds
uo cause of Action. Ordered y' Stephen Mannering pay all costs alias
Execution.
St' Manering vers Rob Wilson

In an action of ejectment referred to the Jury ffoll: The Jury finds
no cause of action. Ordered y' Stephen Mannering pay all costs alias
Execution.
Mrs Wollard vers Edw Smithwick

In an action of ejectm*' referred to the Jury ffoll : The Jury finds for
Plan" w"' costs. Ordered that the High Shriefe or his deputy put y° s**
Sarah Wollard in possession of her plantation lying in Chowan as she
was formerly w" M' Edward Smythick did dispossess her of the same &
doe pay costs
Rich Pope ver John Philpott

No declaration appearing. Ordered a nonsuite w"" Costs : alias Exe-
cution
Jn° Philpott ver Richard Pope

In an action of perjury referred to the Jury ffoll : the Jury finds no
cause of action Ordered the plan'' jiay all Costs of suite, alias Execu-
tion.
Jn" Philpott ver Richard Pope

In an- action of Perjury referred to y*" Jury ffoll : y^ Jury finds no
cause of action. Ordered y' the plan**' pay costs of sute alias Execution,
Hannaball Hoskins ver Patrick Henley

In an action of y'' case refered to y° Jury ffoll : the Jury finds no
cause of action
Joseph Hallott ver Patrick Henley

In an action of the case y* Plan" having showed no declaration. Or-
dered y' the Plan" be nonsuited and pay costs alias Execution.
Mary Parke ver Rob. Wallis

In an action of y" cace. Ordered a nonsuite wi"" Cost alias Execution.

388 COLONIAL RECORDS.

HENDEiisox Walker Attornky to Tho: Swax Attorxey to
Sarah Lamb of New Exolaxd ver John Danx
In an action referred to y" Jury ftoll : y^ Juiy finds no cause of Ac-
tion.

Hen. Palin Jun' vers Dan' Prichard Jun'^

The action called no declaration appering Ordered a nonsuite w*"' Costs

Tim" Pead : M"" Rich Ewins : M' Anth" Dawson : M'' Geo : Branch :
M' Israel Snelling : M' Tho. Twidde : M^ Nich" Dawes : M' Jn° Lille :
M"" Jn" Stepne : M"' James Hogg : ffirst Jury.

M' Ralph fflecher : M' Christo'' Butler : M"" Tim" Clare : M' James
Thigpen : M'' Tiio. Pierce : IVP Patrick Kenedy : M'' Ste : Manneriug :
M"- Robt. Brightwell : M-^ Geo. Eames: M"^ Isaac Wilson: M^ John Wil-
loughby : M" ffrancis ffoster : Secorid Jury.

Upon petition exhibited by Isaac Wilson praying an ord"^ of this Court
for 4 dayes attendance and 4 dayes coming and going for w"*" an order is
granted

Upon a petition of Robert Beasly praying an t)rd'' of this court fonre
dayes attendance and six dayes goeing and coming for w'''' an ord'' is
granted

Johana Beasly upon a petition prayes an Order for one day attendance
and one day coming and going for w"'' an ord'' is granted

Upon a petition of Wm Lacy Jun'' praying an order for 3 dayes at-
tendance & two dayes coming and going in November Court and in
May Court one day attending and 2 dayes coming being sumoned by
Robert Wilson for w"** an ord"^ is granted

Upon a petition of Patrick Kenady praying an order for three dayes
attending and one day coming and one day going in November Court
and in ftebruary C^jurt one day attending and one day coming & one day
going and in May Court one day attending & one day coming & one day
going at y* sute of Rob' Wilson ag' Mannering for w"^ an ord'' is granted

Diana ffoster records her raarke an und'' keele and over keele on the
right ear and a cropp and 3 slitts on the left ear.

Upon petition of Ralph ffletcher praying an ord"" for 10 dayes attend-
ance at y^ court and ten dayes coming and going for w'^'' an ord'^ is granted.

Upon a gene" petition exhibited to the Court by seve" Persons pray-
ing an ord' for their attendance at Court to ^Vitt John Wallis 2 dayes in
tfebruary C^ourt and in May Court 3 dayes for himselfe and 3 dayes for
his wife John Chapman in february Court 2 dayes Joana Beasley wife of
Robert Jieasley in february Court 2 dayes and Robert Beasley & his
wife in May Court each 3 dayes and Andrew Davis ftebruary Court 2

COLONIAL RECORDS. 389

dayes and in May Court 3 dayes Isaac Wilson in May Court 3 dayes
M"" Ralpli ifletcher one day Peter Gray one day James Tliigpen 3 dayes
John tilowei-s in iteruary Court 2 dayos and in May Court 3 daves for
w"'' an order is granted.

Ordered y' Cap' Thomas Relfe be paid for 3 dayes attending the Court
on y° action depending between M" Ricli Pope & W John Philpott

Upon pntveing a noate by M"" Caleb Calloway ordered that he be paid
to liini thirty shillings out of the estate Guyles Long disceased.

ALEX^ LILLINGTON
CALEB CALLOWAY
JOHN BARROW
THO. LEPPER

1694.

[B. P. R. O. North Carolina. B. T. Vol. 4. p. 17.]

William Earle of Craven Palatine John Earle of Bath. Anthony Lord
Ashley George Lord Carteret S'' John Colleton Barr' Seth Sothell Tho.
Archdale and Thomas Amy Esq" the true and absolute Lords and Pro-
prietors of y' Province of Carolina

To our Trusty and W^ellbeloved John Archdale Esq"' Governor of South
and North Carolina

Wee y* said true and absolute Lords and Proprietors of y' Province
aforesaid reposeing speciall trust and contidence in y^ Courage Loyalty &
prudence of you y" s'^ John Archdale do hereby constitute and apoint you
during our pleasure Governour of our whole province of Carolina And
you are to doe and execute all things in due maner & forme that shall
belong to your comand or y' trust wee have repos'd in you according to
y' severall powers granted you by this p'sent Comission Wee doe hereby
further Impower constitute and apoint you our s'* Governour to be Ad-
mirall Capt Generall and Comander in chief of all y^ forces raised or to
be raised both by sea and Land ^vitllin our s* province and over tliem to
apoint a Lieutenant Generall or Lieutenant Generalls Vice Admirall or
Vice Admiralls both of South and North Carolina and Wee doe hereby
farther Impower you upon all occasions during yo'' abode in America to

390 COLONIAL RECORDS.

constitute a Deputy or Deputy Governors both in Soutli & North Caro-
lina during yo'' pleasure and to constitute and apoint all and singular
offices in and for the Governra' of our s* province during yo' pleasure
and y* pleasure of vs y^ Lords projirietors Wee doe hereby Impower you
at your departure from Carolina to England to apoint & constitute a
Deputy Governour or Deputy Governors botli in South and North Caro-
lina with such powers onely as have been given by vs to y° present Gov-
erncjur Thomas Smith Wee do fiirther give you full power and authority
with y" advice and consent of any three or more of our Dcjiutys to grant
and sell land in fee reserving twelve pence for one hundred acres ^ an-
num as an aknowledgeraent and to settle y° quitt rents by Patents or
Indentures and by such a methode as you our Governour with any three
or more of our Deputys shall think litt soe as when money cannot be had
a true value may be settled in y* best of such Comoditys as y* Countrey
is capable of producing Wee doe farther Impower you to escheat Land
and afterwards to lett it for rent or sell y^ same And wee do hereby far-
ther Impower you our s** Governour by and with y' advice and consent
of our Councell and Generall Assembly of Our Province or any part
thereof wherein there is a distinct Governm' to alter any former Laws
that shall be thought fitt to be changed and to enact all such reasonable
laws and Statutes for y° better Goverm' of our s'^ Pro"' as you w"" y' ad-
vice and consent of our Councell and Generall Assembly shall think
expedient provided y" s'^ Laws be not contrary to y^ powers granted to vs
in our Charter from y' Crowne and as nere as possibly agreeable to y'
fundamentall Constitutions excepting in what relates to Jurys wherein
wee have already given directions And wee doe hereby Repeale and make
voyd all other Comissions given by vs to former Governors of our s*
province Given vnder our hands and y" great Seale of our province this
31° of Aug' 1694

CRAVEN Palatin (X)

BATH (X)

A ASHLEY (X)

CARTERET (X)

W" THORNBURH for
S^ JOHN COLLETON (X)
THO: AMY (X)

COLONIAL RECORDS. 391

[B. P. R. O. North Carolina. B. T. Vol. IV. p. 21.]

FURTHER INSTRUCTIONS FOR JOHN ARCHDALE ESQ'
GOVERNOR OF CAROLINA

Whereas Collonell Ludwell our late Governor of North Carolina hath
Informed us by his Letter bearing date the T' of May 1694 that he hath
granted our lands of Albemarle County at a farthing '^ aker and pre-
tends a power by vertue of an ancient grant in y* time of y* Goverm* of
Mr. Stephens

1 Wee do hereby Impower you our Governor to make Inquiry into
y* same and if you shall find any such Authentique Grant vnder our
hands and scales &e you are hereby Impowered to allow & aprove of y"
same and to grant lands in y° s'^ County of Albemarle onely at a farth-
ing "^ aker

2 You are to signify unto our Inhabitants of North Carolina that y''
s'' County of Albemarle is by us aproved to be only that part that Joine-s
to Virginia and on y° southerne jiart is separated by Albemarle Sound
and Chewan River

3 Because that y" southern \Ydrt of Albemarle Sound and y" Sound of
Pemlico'lye nere vnto y^ s* County of Albemarle and have not y' ad-
vantages good harbours for shipping. ^\^ee therefore Impow'er you our
s* Governor for y* Incouragement of settling tho.se parts w""" lye north of
Cape Fear to lett any of y" s'^ land at such moderate quitt rents as you
in your discretion shall think most ^'easonalile but not under half penny
■p aker for every aker yearly to vs and our heirs for ever

4 Whereas Landgrave James Colleton late Governor of Carolina com-
plaines in his Letter to vs of y^ 19° of July 1694 that not one peny of
his Sallary of 2()0i: ^ annum was paid him during all y^ time of his
Government w"'' was all most four years you are to settle all ace" w* him and
order y° Receiver Generall for y^ time being to pay him y^ ballance that
shall apeare to be Justly due to him after having first deducted the yearly
rent of his Barony for all y" time he hath enjoyed it but at 20£ ^ an-
num in consideration of his sufferings on our behalf during his Goverm'

5 You are to endeavour also for y' better regulating and y'' encourage-
m' of y" people that shall hereafter come to inhabit that tract of land
that lyes North of Cape Fear and South of Albemarle County to erect
as many Countys as you in yo' Discretion shall see convenient and to
give them such names as you alsoe shall think fitt

392 COLONIAL RECORDS.

(3 You are alsoe hereby Impowered w"" 3 more of our Deput^-s to .sell
land in Albemarle County for what you can i-easonably obtaine but
not vnder ten pounds y' 1000 akers reserving an aknowledgement of
five shill: y' 1000 akers yearly and not vnder to vs and our heirs for
ever Given vnder our hands and seales this 17° of October 1694

CRAYEX Palatine (X)

BATH (X)

W" THORNBURGH for
8^ JOHN COLLETON (x)
THO. AMY (X)

[Records of Perquimans Precinct Court.]

AT A COURT HOLDEN AT THE HOUSE OF DIANA

FFOSTERS— THE FFIRST MUNDAY IN FFEB-

RUARY ANN" DO. 1693-4

Alexand' Lillington^
Present Caleb Calloway I -p rs

John Barrow ( ^

Thomas Lepper J

WlLKF>().\S Vers LiLLINGTON ct HARTLEY

A Judgm" Confest by Majo' Lillington & Mrs Susanna Hartly as
Attorneys to Cap' Georo;e Clark** for £35: ^19: w"" Cost alias Execution:
Ordered that Majo"^ Alexande'' Lillii^rton & Mrs Susanna Hartly in their
Capacityes aforesaid doe })ay unto Collo" W" Wilkeson y' Sume of £35:
19 Cost as aforesaid
WiLKESON ExE' TO Jxo Davis Vers Lillingtox Att to Hollaxd

A Judgm** confest by Majo' Lillington as Attorney to John Holland
of Virginia for y° Sume of £4: ^2: "*6. due to y** sd Wilkeson Executo"^
to Mr John Davis discea': Ordered y' Majo"" Lillington in his cajiacity
aforesaid pay luito Coll" Wilkeson y^ Sume of £4: '2: ''6. w"" Cost Alia:;
Execution.
Masox vers White

In an action of y^ Cace referred to y" Jury fFollowing Mr John Phil-
pott M'- Patrick Henly M' Richard Smith M' John fliendall M^ John
Tweegar M"" Tim" Clare M"^ W" Butler M' Richard Cheste"' j\P Thomas
Horton M' Roger Suell M' Robert Beasley M'' Cornelious Lerry : Or-

COLONIAL RECORDS. 393

dered that the defend' pay unto the plan": "17: ''6: w"" Cost alias Execu-
tion

Philpott vers Nowell

Mr John Philpott w"'drawes the action ag* Rich Nowell.

Mr Tho Lepper has proved Ten rights whose names are as fblloweth
Tho. Kent Ann Kent Sarah Kent Rebecca Kent Ann Kent John Thomas
W" Brown W™ Brickstone Tho Lepper Nicholas Robeson

Caleb Calloway enters ffoure Rights : Dan" Pembrooke Tho Merrett
an Indian Boy in all ffoure. Arthur Long
Harlow vers Hopkins

In an action of the C'ace referred to ye Jury ttWU the Jury tinds for y"
Plan" £4: 00: ''4 w"' Cost alias Execution.

A deed of Gift acknowledged in C'ourt by Roger Snell to Jonathan
Taylor

Hopkins vers Harlow^

In an action of the caee nothing appearing Ordered a Nonsuite w*""
costs alias Execution

A Will of M' George Durants proved in Court by the oath of M"^
John Pliilpott & M'' ffrancis ffoster and that M' George Muscharap M'
Charles Jones and M"" John West be appraisers of the said estate

A Will of M-- Seth Sothells Proved in Court by the oaths of Collo"
W^ilkeson Cap' Henderson Walker and Sarah Wollard
Young vers Hartly Executrix to Tho. Slaughter

In an action of the cace referred to ye next Court*

An assignm' acknowledged from Cap' Henderson Walker as Attorney
to Mrs Alice Wade to M' Patrick Baly.

A petition exhibited by Elizabeth Arnord praying an apprasem'^.
Ordered that William John Godfrey be appraisors of ye estate of Laur-
ence Arnold disceased & that a true inventory be given unto the next
Court upon oath
BuRNSBY vers Devillard

In an action of deteynue referred to ye Jury tfoll the Jury finds no
cause of action.

Ordered that W° Burnsby pay all Cost alias Execution

EviNS vers Devillard

In an action of Debt by bill a judgm** contest by the Defend' for
240ib of Porke

Ordered that satisfaction me made accordingly w"" Cost alias Execu-
tion 46

394 COLONIAL RECORDS.

Plater vers Toms

The Defend* not appearing a nonsuite is granted with Cost alias Exe-
cution
Plater vers Manwering

A nonsuite is craved and granted with Costs alias Execution
Dawson vers Lerry

The plan'*^ & defend' being called the plan" not appearing

Ordered a nonsuite with Cost alias Execution
Butler vers Mackdannel

In an action of debt referred to y° Jury ffoll. The Jury find no cause
of Action Ordered that tlie plan" pay cost alias Execution

Mrs Durant enters for her two Grand Children a young sorrell mare
with a star in her forhead Called Bonne the same mare & her increase &
increases to to Ann and Elizabeth Waller to them and their heires for ever.

Thomas Lepper has proved ten Rights in ye County Court Tho Kent
Ann his wife Sarah Kent Rebeccah Kent Ann Kent Jun"^ John Thomas
W" Brown W" Brickstone Tho I^epper Nicholas Robeson

John Barrow proves three rights l)y importation Rol^ert, Tester Si-
mon Smith and a negroe Jean

Tliomas Pierce has proved his rights being Thomas Pierce John
Pierce Susanna Ruth Pierce Dorothy Pierce Mary Pierce Mary Bridges
John Wilkeson and John Pierce in all nine Rights

Hannah Gosby has entered nine Rights Jno. Gosby Ju" Anderson
John Kinsey Richard Waterlow Kathrine Kinsey Jean Anderson & 3
hands from Jno Northcoate Joseph Hep worth Jeremiah White & Henry
Clay sen'' in all nine Rights

Peter Gray Proves two Rights for himselfe transporting twice into the
Governm'* and one given him by John Twegar

John Bently enter tor importation Richard Bently Jean Bently Mary
Bently Sarah Bently a negroe Boy a Negroe Woman an Indian Boy in
all Seven Rights

Roger Snell enters for importation Roger Snell Rebecca Snell John
Snell Mary Snell Walter Castle in all five

Jenken AVilliams enter one right for liimselfe

Tim" Clare has proved foure Rights Tim" Clare ffrancis Belchamp
Edmond Rodman Rich'* fFox Jun"' in all foure.

Sam" Niccols has proved his rights being Chrisso'" Niccolson Hamiah
his wife Deliverance Sutton Sam" Niccolson Ifrances Simons Hannali
Niccolson in all Six Rights.

COLONIAL RECORDS. 395

Thomas Harlue has proved his Riglits Thomas Hadoe Mary Harloe
Mary Harloo Jiio Harloe in all tfoure.

Christo'' Butler has proved his Rights Christo"' Butler his wife & two
children and a negroe girl in all five.

John Durant has proved his rights. John Durant Sai'ah Durant one
Ser" named Judith in all three

William Godfrey has proved his rights being Prudem Hallura John
Hallum Elizabeth Hallum W" Godfrey Sarah Godfrey in all five rights

A Petition of Cornelius Lerry exhibited to the Court praying a qui : est.

James fltewox has proved James ftewox Ann tfewox Robert ffewox
Edith Batehelor James Wilson Ann Wilson Alice Wilson John Wilson
in all eight Rights.

Edward Mayo has proved his rights being Edward Mayo Sen' Ed-
ward Mayo Jun' Sarah Mayo Ann Mayo Elizabeth Mayo three negroes
John Nixon Em Nixon Ann Nixon Affrica Pike Samuel Pike in all
thirteene

Turloe ffee has proved his rights namely Turlo ffee Daniel fFee being
two

John Mason has proved his rights being Morgan Thomas and his wife
and two children and a highred man named John Haws : in all five
Rights.

William Butler proves his rights being William Butler Diana Butler
in Number two.

Richard Nowell has proved his rights being Richard Nowell Joan
Nowell John Smith EUinor Nowell Charles Taylor George Taylor Mary
Taylor Olliver Nowell Alice Nowell in all nine

George Deere has proved his rights being Jeane Critchell and John
Dear and by Hannah Harrison Edward Harrison Hannah Harrison
Joseph Williams W" ffyan Hannah ftyan Mercy fFyan Elizabeth Ifyan
Lydia Harrison in all tenn persons

George Young has proved his rights namely Edward ffoster Perthe-
sia fibster and George Young in all three

Tabitha Haskett has proved her rights being John Gray and Tabitha
his wife John Gray Thomas Gray John Gray in all five Rights

Charles Mackdaniel has proved his Rights being Charles Mackdaniel
Elizabeth Mackdaniel Thomas Wallingforde Samuel Powel in all fPoure.

William Lacy has Proved his Rights being Martha Rouse John
Rouse Mary Rouse Martha Rouse W"" Ijacey Sen' Grace Lacey John
Davis Jean Davis W" Lacey Jun' in all nine Rights

James Loadman has proved his Rights being Hubbart Lambert Jeane
Buvard his Mother & James Loadman in all three Rights

396 COLONIAL RECOKDS.

Steplien Manvvering has proved hi.s riglits being Ech\'ard Beny An-
drew Kinsley John Deadraan Robert Brightwell Sen'' Alice Brightwell
Robert Brightwell Jun'' Richard Parker John Caselton Stephen Man-
wering being in all nine Rights

Thomas Hossold has proved his Rights being himself twice transported
Mary Hossold Thomas Hossold Jun"" Thomas Snowden in all five Rights

John Northcoate has proved his Rights being Henry Clay Sen' Mary
Clay Henry Clay Jun'' Preeilla Clay two Servants Joshua Hepworth
Jeremiah White John Northcoate. Three of these rights are sold to
Hannah Gosby being in the whole Seven Rights

Anthony Dawson has proved his Rights being himselfe and John
Chapman in all two Rights

Mr Patrick Baly has proved his Rights being himself Lucy Harvy a
Negroe Woman Margrett Hamclton two Rights John Hudson Simon
Daxter in all Seven Rights

Richard ifox has proved his Rights being Richard ttbx George ffox
William ffox Mary ffox in all ffoure Rights

William Bartlett has proved his rights being W" Bartlett Sen' Eliza-
beth Batlett William Bartlett Jun'' Thomas Bartlett Michael Bartlett in
all five Rights

Robert Beasley has proved his rights being himselfe Sarah Beasley his
wife James Beasley Johanna Beasley Richard Chestoue Sarah Chestone
in all Six Rights

ALEX-^ LILLINGTON
CALEB CALLAWAY
JOHN BARROW
THO LEPPER

AT A COURT HOLDEN Y^ 7'" OF AUGUST ANN" D 1694

Psent Majo'' Alexam? Lillington^

M' Henry White ( _, ,

M' Thomas Lepper f ^^

M' John Barrow J

Jurors Names M' John Porter Jun' M' Patrick Kenady M"" Arthur
Karlton, M' Geo Branch M' Isaac Rowden M"^ Anth° Dawson M' John
ffendall M' Jos Sutton M' Isaac Wilson INI' John Wade M"" John Mason
M"^ John Bentley

A Bill of sale acknowledged in Court by James Johnson and his wife
to Cap' Relfe ffletcher.

COLONIAL RECORDS. 397

Ordered that Coi'iielius Lerry doe make his appearance at the next
County Court tlien and there to make his defence ag' a petition of Jolin
Bentley

In an action of y" cace referred y* Jury tfoll. the Jury finds for tlie
Plan'' w"' cost alias execution ffoster : ag' Hopkins

A deed of Gift acknt)wledged in Coui't by Ann Parish formerly Ja-
cocks and John Parish lier husband to her son John Hutfton.
Hopkins ver Burroughs

In an action of the case no cause of action appeai'ing Ordered a non-
suite.

Stanley ver Tomey

In an action of debt by Bill : an ace' appearing ag' tlie bill & sworn
unto by the defend' ordered a nonsute.
King ver Williamson

In an action of y* case it was agreeed upon by the Plan" and defend'
that Cap' Antho. Dawson & M'' Stephen Mannering doe audite and fully
determine the matter betwixt y^ plan"^ and defend' and if they cannot
agree w"'in them selves then the arbitrators to Chuse an umpire who
shall make a finall determination in relation to y* condition exhibited to
y* Court who fine due to M"' King 876ft) of tobacco and all things cleare
betwixt them ord'^'' that Ricli'^ Williamson pay 676ft) Tobacco w"" Cost
alias Execution.

Articles of agreem'^ acknowedged in Court by John ffoster and Stephen
Pane to be their voluntary act and deed :
Belman ver Mannering

In an action of ffalse Molestation there being an error in y^ declara-
tion. Ordered a nonsuite.

The Court adjourned till tomorrow morning.

Thomas King being Indited for felloniously stealing seve" Goods from
M'' Diana ffoster and others referred to y° Grand Jury Jurors names as
followeth M'' John Porter Jun' M'' Stephen Manwering M"" Robert
Brightwell M' John Hopkins M"' Christo"" Butler M' Henry Norman M'
Patrick Henley M"^ John Belman M"" Andrew Reede M"^ Wm Butler M'
Michael Conner M'' Geo: Mathews M^ Robert Mulline. The Grand
Jury went out and brought in their verdict Ignoramus :

M''^ Diana ffoster hath given unto W" Willoughby a Cow and Calfe y"
marke is an over keele and under keele on y" left ear & a cropp & foure
slitts on y" right ear to him and his heirs for ever

398 COLONIAL RECORDS.

Haetly vers Gaskin

In an action of Trover & Conversion. Ordered to be referred to the
next Court

Thomas Hassold enters one hundred and fifty acres land lying in Pe-
quimons River on y® N. Est side of y^ River betweene y" hmd of M"'
Sam^ Pricklove and Thomas Attoway

A petition exhibited to y* Court by Eliza Arnold shewing that her
husband Lawrence Arnold left his estate to his son John Arnold to be
enjoyeil at 13 yeares of age but being uncajiablc t(j mannage it by reason of
his tend" yeares prayeth to chuse Jonathan Ijateman for his Guardian :
Ordered y' Joinia: Bateman be his Guardian and that his Mother doe
bring in an Inventory of all the s* estate to y" next Court.

Upon a petition exhibited by Jabell Alford praying to have liberty to
chuse a Guardian. Ordered that the said Jabell Alford be bound to M"
Susanna Hartley Widow untill he l)e one and twenty yeares of age & that
y' said M"'^ Hartly be bound and enter into bond to learne him the trade
of a Carpenter or Joyner w^'in y° said time.

Upon a petition exhibitted by Thomas Hassold shewing y' a child
named Thomas Snoden was left w"' him by his ifather in Law Edmund
Pirkins upon condition to pay him 600 pounds of Tobacco "^ ann° for his
Dyatt Ordered y' the said Thomas Snoden serve the said Hassold un-
till his ifather in Law come for him or els till he arrive at y* age of
twenty one yeares

A deed of conveyance from Cap' Henderson Walker to Edward ^A^il-
son y» 8» of Aug' 1693

A deed of Conveyance from Daniel Oneale to Christopher Butler
acknowledged in Court y" 8"" of Aug* 1693
Hartley vers Cobb

Upon an attachm** ag* the estate of Thomas Cobb upon y^ acco" of M'
Thomas Slaughter y^ evidence not appearing referred to the next Court

W" Gaskin enters for his son Wm Gaskin two cowes over halfe
on y'' right ear and a crojjp & a slitt on y^ left eare & one cow slit on
both eares.

HENRY WHITE
JOHN BARROW
THO. LEPPER

COLONIAL RECORDS. 399

Ti ^ Caleb Calloway ^.

r resent -; t i -d ' '"•'^n

John barrow ^

AT A COURT HOLDEN AT Y' HOUSE OF M'' DIANA

FFOSTER THE FFIRST MUNDAY IN NOVEM^'

BEING Y« 6* DAY OF THE MONETH

1693 [1694]

Alexander Lillington^
Caleb Calloway
John Barrow
Thomas Lepper
Stephens vers Tomes

In an action of defaniati(jn referred to y'^ Jury ffo : Jurys names M''
Patrick Henley : John Twegger Isaac Rowden, William Jennings Row-
land Buckley Christo"" Butler Cornelius Lerry : Rich : Cragg Nicli" Crisp
Stephen Scott Jun"" M'' John Reyley Nich° Symons the Jury finds no
cause of action Ordered y* Tho : Stephens pay all costs alias exec"

A Bill of Sale acknowledged in Court by AYm Bartlett to Wm God-
frey

A Bill of Sale from Wm Godfrey to Wm Bartlett Sen'' was acknowl-
edged in Court

A Bill of sale acknowledged in Court from Jn" Hawkins to Wm
Bartlett Sen"^

A Bill of sale acknowledged in Court from Wm Bartlet to Wm God-
frey.

A Letter of xVttorney proved in Court by the oath of Wm Duckin-
field & John Reyley from Henry Lyle and his wife.

A deed of Gift acknowledged by John Reyley fi-om Henry Lyle to
M' Duckinfield in behalfe of John Jones.
Wade vers Scott jun"'

In an action of y° Case referred to y" Jury tfoll the Jury finds for y'
plain'*^ w"* cost of sute and that Stephen Scott pay unto Jn° Wade six
pounds and have y*" Mare & coult where ever to be found he paying all
cost alias Execution.

Upon an attachm' laid by M'" Susana Hartly on y' estate of Thomas
Cobb for eight pounds w"*" being proved Ordered the s'* Labour done on
y" s"* land be praised by Patrick Henley & Stephen Scott Jun'' and if they
cannot agree between tliemselves then to chuse an umpire who shall make
a finall determination

A deed of Sale acknowledged in Court by Jn° fflowers & Susan his wife
to Tim" Clare.

A Warr" of Attorney to M' W" Glover proved by the oath of Peter
Gray : fifro Stephen Paine & .John ffoster

400 COLONIAL RECORDS.

Tomes vers Muschamp

In an action of y'' cace for want of evidence ordered A Nonsuite &
that the plan'' pay all Cost

A Caveat entered ag' the estate of INI" Stewart by Coll" Wm ^^"ilkeson
& Capt Henderson Walker for about seven p** fourteen shillings by Bill
under hand and seale

Ordered y* M" Anne Stewart have letters of Administracon and y' M""
Caleb Calloway & M"" John Barrow be appraisors of the s** Estate and
y' an Inventory of y° s* Estate be returned into y* office upon oath
Toms vers Taylor

In an action of y" case referred to y" Jury ffi)ll y"" Jury iinds for y''
plan'' y* whole acco' abating 1 £ 12s OOd out of the acco' the whole acco'
being 26 : 08 : lOd.

A Bill of Sale acknowledged in Court by M' Dan" Akehurst to y"
Honeb'^ Seth Sothell in behalfe of ^V Samuel Hill of Virginia and
Mar}' his wife
Devillard vers Bell

In an action of y° Case referred to y" Jui-y tfoll : y* Jury finds for y°
plan" S£: 14s: lOd Ordered M"- John Bell pay to Jacob Devillard the
sum abovesaid w"" Cost alias Execution

Upon a petition exhibited to y" Court by ]M' John Hunt praying y'
M" Ann Durant deliv"" all Books papers and writings belonging to the
est<ate of M' W" Terrell Disceased Ordered y' the s'* jNI"^ Ann Durant
doe forthw"* deliver to jNP John Hunt surviving executor of M'' W""
Terrills estate all papers book&s and Writings belonging to M" W™ Ter-
rel's estate

LTpon an agreem' made between M" Rich'' Pope & M'' Jacob Devillard
to Joyne Issue wherupon y° Jury went out and found for y° afores* M'^
Rich'' Pope y* Horse w"" Cost Ordered that the afores'' M" Pope have y^
Horse w"" Cost alias Execution.
Hunt, vers Mayo Attor to J. Gibbs

In an action of y° cace referred to y^ Jury ftoU : the Jury finds for y' plan"
six pounds w"" Cost Ordered y' Edward Mayo Attorney to Jno Gibbs esq'
pay to Jno Hunt the s'^ sume of six pounds w"' Cost alias Execution.

Chambers vers Browx

In an action of y" Cace no Evidence to the Lett"^ of Attorney appear-
ing ordered a reiference

LowTox vers Pollock

In an action of y° cace y^ Plantf not being prepared to come to a tryall
ordered a nonsuite w"" Cost.

COLONIAL RECORDS. 401

A Will of Zadiary yerkiii provetl in Court by the oaths of M"^ W"
Glover & W" Keeto :

A Bill of enditein'* was Brought ag' W" Shreenes and pi-esented to y^
Grand Jury y° Grand Jury finds Billa vera y" Petty Jury was sent out &
found y" Priso'' guilty of Petty Larceny & so returned y* Bill whereupon
he was ordered by the Court to have 30 lashes upon his naked back
stript to his wast & sevearly Whipt and be bound to serve for his Phees
one yeare and half from this day 9*"'' 9"' to his M"" John Hatton besides
his former Indenture of ffive yeares
Pope vers Philpott

In an action of y* cace referred to y" Jury ffoU the Jury finds for y°
plan"^ nine p*^ foure shill and two pence

Ordered y' the defendt pay to the plau'^ nine p'^' four shillings & two
pence w"" Cost alias Execution

Alexand"^ Lillington esq"' enters a caviat ag' the estate of Jn" Crosland
for twenty two shillings in porke by Bill.

Caleb Calloway enters a Caviatt ag' the s'' estate for for 7' 3'* in porke
& I of a Bore Barrow

M"^ Thomas Harvey enters a Caviat for

M' Thomas Gillam enters a Caviat for 8£ by acco :

Ordered y* the estate of John Crosland be X Romane in y' hands of
Xtopher Butler untill y** next Precinct Court in Chowan.

Ordered y* W™ Mancell ct Mai;\' his wife be paid for eight days atten-
dance comeing and going to C'ourt being suninioned by Phillip Thomas.

The Court Adjourned till tomorrow
Morning seven a clock

Ordered y* John Reyley being sum"* by M"' Tho : Lowton be paid for
3 days attending y^ Court & one day comeing and one day goeing :

Ordered y' Tho : White be paid for 3 days attendance and one day
coming & one dayes going being summoned by Edmond Chambers :

A Bill of enditem'' was brought ag' Robert White & Vinc'fent White
his son & presented to y^ Grand Jury The Grand Jury finds Billa vera
The petty Jury was sent out find they brought their verdict they found
y° prisoners guilty of Grand Larceny & they craved the Benefit of y°
clargey w"'' being granted Ordered that they be branded in y° hand w* the
letter T : upon y" Brawn of y^ left thumbe \v°^ was executed accordingly
on Rob' White; y^ other reteined to long'' Time or be delivered by the
Palatines Court

47

402 COLONIAL RECOKDS.

A petition exhibited by David Priehard Jun' being .'summoned by
Matthew Kelly as an evidence attended the Court 4 days & a day come-
ing &a day goeing ordered y' y° s* David Pri chard be paid accordingly.

A petition exhibited by Wm Joy being summoned by jNIatthew Cal-
ley & has attended 4 dayes on y" Court & a dayes coming and a day
going.

Ordered y' the s* Joy l)e paid accoi'dingly.

A Petition exhibited by Phill Evins being sumoned by Matt Callin &
has attended y" Court 4 dayes & a day coming and going. Ordered y'
the s** Phill: Evins be paid accordingly.

GiLLAM vers Smithick

In an action of the Cace y' Jury being sent out and returning their
verdict for y^ Plan'^ the defen* craves an Injunction
TooMEY vers Peade

In an action of Debt by Bill referred to y' Jury iibll : the jury finds
tor y' plan" Ordered that Timo : Pead pay unto John Toomy thirty shill
in porke w"" Cost alias Execution.

Susana Harris enters for her daughter Sardi her proper Marke a crop
& two Slitt on y^ left ear & an over keele & an under keele on y° Right
ear.

Augustine Scarbrough enters 300 acres of land, on Powell Point Neck

Pai,in Jun' vers Prichard Jun""

In an action of y' case referred to y" Jury ffoU : Jurors names

The jury finds for y" plan"' 3: 10: 4 Ordered that y' defend' pay unto
the plan" 3 : 10: 4'' w*'' cost alias Execution.

A Petion exhibited by Rob' Kitchin praying that he may have a Writt
of Restitution for his goods w"^ were taken from him by Rob' White &
his son Vincent "White Ordered y' the goods be delivered accordingly.

A petition exhibited by Dan" Travis & his wife being sufuond by John
Toomy who attended y* Court 4 (laye,s and a day coming & a day going
each of them for w"^ he humbly pray an Ord'' for y^ same w""" is ordered
accordingly

Upon a petition exhibited by J()hn Hatton praying n Writt of Resti-
tution for his goods. Ordered that y* s"" John Hatton have his goods
restored to him again according to y"' petition

Upon a Petition exhibited by Tho : Twidde being summoned by Matt
Callen hath attended 4 dayes & and a day coming & a day going for w*
he is ordered paym** by the Court

COLONIAL RECORDS. 403

Upon y' prayer of John Wilson being summoned as an evidence for
Matt Callen attending 4 dayes & was a day coming and a day going
Ordei-ed y' he be paid accordingly

Robert .Mulline made oath that Robert White made an acknowledgm'"
to him y' he owed M'^ Ann Durant three pound odd money.

Received tliis 9"' of Noveml)"' 1669 of Hugh Smithick for three
leveyes two hundred seventy nine pound for Two yeares quitt rents two
lumdred p'^ I say Received '^ mee

Henman Smewing

Received more ISO"" of Thomas Hoskins acco" for Henman Smewing.

Know all men by these presents that I Elizabeth Banks of London
Widow have ordained aj^pointed and made & in my stead and place by
these presents put & constitute my beloved friends ffrancis Tomes & John
Hawkins my true and lawfull attorney for me and in my name and to
my use to ask sue for levy recover and i-eceive all such sum and sums of
Money & other y* matter Goods and things in the scedule hereunto an-
nexed mentioned as are due and belonging to mee from M' Seth Sothell
y" now or late Govern"^ of Carolina & w"^ are due owing or belonging or
■^teyning unto me by any manner of wayes or meanes w*soever from any
■^son or "^sons w'soever : Giving and Granting unto my said Attorneys
by these p''sents my full and wliole power and authorit)^ in and about the
p'raises & upon rec' of such suin or sums of money or otlier matters or
things acquittances or other discharges for mee and in my name to doe
make seal and deliver & all and every other act acts thing and things in
y' law w'soever needful and necessary to be done in and about y' premi-
ses for y^ recovery thereof: for me and in my name to doe execute and
performe as fully largely and amply in every respect to all intents and
purposes as I rayselfe might or could doe if I were "^sonally present. And
I doe hereby firther constitute and appoint the said ffrancis Tomes and
John Hawkins my lawfull Attorney for me and in my name & in my
stead to enter into & upon all y' my plantation in Carolina and other the
stock and goods thereunto apperteyning & to me belonging and full and
peaceable possession & S .... in thereof for me and in my stead and
name & to my use to take receive reteyne antl keepe & to sell lett & dis-
pose thereof as to tliem shall seeme Meete for my use benefitt and advan-
tage Giving and granting by tliese p''sents unto my s"* Attorneyes my full
power and authority in and about y' p''mises & all and every acts things
w'soever needfull and necessary to be done in and about y* p^^mises for
mee 'and in my name to doe execute and '^forme in as large ample maner
and forme to all intents and purposes as I my selfe might or could doe
if I were "^sonally p^sent Ratitying alowing and holding ffirme & stable

404 COLONIAL RECOKDS.

all w'soevor my 8'^ Attorney sliall la\\tull\' doe or cause to be done in or
about y' Execution of y* Premises by virtue of these p'sents In witness
whereof I have hereunto sett my hantl and seale y' 17*'' day of Decem-
ber Anno Do 1693

ELIZABETH BANKS [Seal]

Sealed and Delivered^ Proved beft)re us by the oath

in y'= p'sence of ( of M' Tho : Hunt v'' 17° of Mav 1690
Phill Ludwell ( ■ THO : HARVEY
Tho. Hunt J Wm W

Albemarle

To all to whom these jiresents shall come, AVee Stephen Pane and
John ffoster of the p'cinct Pequimous send greeting Whereas y° said
Stephen Pane and John ffoster have by our deed of Sale beareing date
y* 2* day of 7*"' Ann Do 1693 Bargained assigned and sold unto Alex-
and' Lillington of the same p'cinct esq"' a certaine plantation & traPt of
land lying in yeopins Creeke in y' p'^cinct aforesaid as in and by the
said deed relation thereunto being had moi'e at large doth appear now
Know y* that we y" said Stephen Paine and John ifoster doe by these
p'sents. Ordaine Constitute and appoint our trusty and well beloved
friend William Glover of the p''cinct aforesaid our lawfull Attorney for
us and in our names & stead and on our behalfs to appear at any Court
to be holden for this County and then and there in our name and behalfe
to make acknowledgmen'* of the aforementioned deed of sale & to act and
doe any and every such lawfull act and thing for y^ strengthning and
confirming of y' said deed of Sale unto the s** Alexand'' Lillington his
heires and assigns as y^ law doth require and wee doe hereby rattifie and
confirm every such lawfull act as our said Attorney shall herein doe to be
good and firme in law as if wee the said Stephen Paine and John ffoster
had in our own proper person acted done and performed the same. In
witness whereof we have hereunto put our hands and scales y* 4"" day of
8"" Anno Do 1693 Signum

4- +
Signed sealed and de- \ STEPHEN PANE (seal)

livered in p'sence of j JOHN FFOSTER (seal)

Peter Gray Proved in Court y^ 7*'' of Novemb'

John Cooke 1693 by the oath of Peter Gray

attested ^ Edward Mayo Cler
ALEXAND-^ LILLINGTON
CALEB CALLOWAY
JOHN BARROW
THO: LEPPER

COLONIAL RECORDS. 4().'3

GENERAL COURT RECORDS. . '

Albemarle — s^;.

At a Gen'" Court holden for tlii.s Coimtie of Albemarle at the house
of M"' Thomas ^^'hite on Mundav the twenty fourth of Sehtember Ano
D'" 1694

prsnt '•pij^ Hon'^" Thomas Harvey esq"^ Deputy Govern' &c :

The Hon'''''^ tfrancis Tomes, Benjamin Lakar Maj"' Sam' Swann, Dan'
Akeliurst Sec*' esq"^ Lords Depntys. M"" John Dnrant Assistant

Mr Patrick Henley by his peticon shewin y' a certain plantacon
whereon the peticoner liveth is Excheat to y* Lords proprieto*

Ordered that a warrant be issued out to their Lordships Escheatm'' to
inquire into the premises

Major Alexander Lillington and Mad"' Susanah Heartley having
obteined an attachment against y" estate of Cap' George Clarke upon the
account of an order passed ag*' them for and that the s'' Alexander Lil-
lington and Coll Heartley was attorneys of the s* George Clarke att the
sute of Coll. W"" Wilkerson for the surae of thirty five pounds nineteen
shillings due from the s"* Clarke to the s"' Coll Wilkison

It is the opinion of the Court that they being Attorneys of the s**
Clarke might lawfull dispose of any effects of the s** Clark's in their
custody for the paym' of his just debts w*''out any such precepte in law
or judgment thereon ag"' the s'' estate.

Ordered that all other matters returned to this day be referred till the
morrow being the 25"' of this instant September

The Court adjourned untill tomorrow seven of the clock in the fore-
noon.

Tuesday y^ 25"' y' Court meet & p™ w"" y* afores* Cap Dawson
Thomas Philips attached to answer M" Rich Plater in a plea of Debt
The Marshal] returned Non est inventus

Ordered that the snte be dismissed

Georg fferdice upon his oath proveth that he hath right to two hun-
dred and fifty acres of land by the importacon of George fierdice George
ferdice his wife Mary his wife Sarah and Hanah fferdice his daughter

Ordered that a certificate thereto be made to the Secretary's office

Win Plater upon his oath proveth that he hath right to two hundretl
acres of land by the importacon of ^V"' Plater Martha. Grace and Thomas
Plater.

Ordered that certificate thereto be made to the Secretarvs office.

40(3 COLONIAL RECORDS.

Robert Peiiniwell is attached to answer Anne Cartwright in a plea of
Debt and lie eame not neither the s** Anne Cartwright whereupon it is
dismissed.

John Bentley was attached to answer Cornelius Lerry in a plea of the
Case and the s* Bentley upon default of the appearance the Plantif
craves a nonsiite and M"" Rich. Plater in behalf of the plantif ab'sumes
that upon condicon that the s** Bentley would consent to a reference of
the action untill the afternoon the s'^ Cornelius Lerry should deliver to
y" s* John Bentley a coppy of his ace' before tryall to which y° s^ Bent-
ley assents and the Court thereupon in mercy to y® s*" Cornelius Lerry
Ordered that y' liearing of y* action be referred untill the afler noon

Rich. Plater being attached to answer ftrancis ffoster in a plea of debt
for and that the s'^ Rich. Plater refuseth to render to the plantife tlie
sume of six pounds in porke w"'' to the plantif he oweth. And the s*
Rich. Plater came and npon default of the plantif craves a non snte.
Ordered that the s'' Action fall and tliat the s* ffoster pay cost.

Jf)hn Wilson attached to answer Thomas White and Diana his wife in
a plea of the case. And the s** Thomas White and Diana his wife came
and say that the s'* John Wilson is indebted to the plantifs y" sume of
eight pounds five shills. and seven pence by account contracted w' the s**
Diana one of the plantifs whilest she was sole which account they pro-
duce in Court and the said John Wilson in his proper person came and
desireth oyer of the s* ace' w"*" being read he saith that as to the sume of
one pound nine shillings and five pence part of the s* ace' he cannot deny
but he oweth but for the rest he saith lie oweth not and this he disireth
may be incpiired of by the Country wherefore the Prov^' Marshall or
deputy is comanded to cause to come here twelve true and lawful men of
the vicinage and who to neither of the partys are any wayes related by
whom the truth of the matter may be knowne who being impanelled and

sworne

Namely fJohn Stepney Foreman John Twegger
W™ Bournsby tfrancis ffoster

John Mason Wm Raymond

Wiii Vos Charles Dickison

Nicholas Symons Mathias Towlcr

James fFewox ffrancis Hendrick

say npon their oath. We find for the plantif the sume of eight poiuids
five shillings and seaven pence Ordered that the s'^ John Wilson pay to the
s* Thomas White and Diana his wife the sume of eight pounds five shil-
lings and seven pence with cost of snte a'^ Execution.

Cornelius Lerry is attached to answer Thomas White and Diana his
wife in a plea of the Case and they came and say that tlie s"* Cornelius

■J

COLONIAL RECORDS. 407

Lerry is indebted to the plantifs tlw snme oC sixty seven shillings and
one penny by ace' conti'aeted w"* tlie s** Diana one of the plantifs whilest
she was sole w"'' ace' they produce in C*onrt and the s* Cornelius Lerry
came and defendeth the sute and saith that he oweth not the s*^ snme of
sixty seven shillings and one penny as by the Plantifs is declared and
this he desireth may be inquired of by the Coimtry Wherefore the Prov"'
Marshall is required to cause to come twelve true and lawfull men of the
vicinage and who to neither of the partys are in any waj-es related by
whom' the truth of the matter may be knowne who according impanelled
and sworne

John Stepney foreman

John Twegger, W" Bournsby, ff'rancis tfoster John Mason, W" Ray-
mond, W" Vos, Charles Dickison Nicholas Symons Matthias Towler,
James ffewox, ffraucis Hendrick, say upon their oath. We of the Jury
finde for the plantife three pound seven shillings and one penny in porke
with costs.

Orderetl that the s"^ Cornelius Lerry pay to the s* Tho. White and
Diana his wife the sume of three pounds seven shillings and one penny
in porke w"' costs alias Execution.

Rich. Bentley wan attached to answer Cornelius Lerry in a plea of the
case and the s* Richard Bentley came and also the s** Cornelius Lerry and
also the s'' Cornelius Lerry and the s'' Cornelius Lerry saith that the s*
Richard Bentley oweth to the Plantif the sume of two pounds one shill-
ing and three pence by ace* and the s'' Richard- Bentley defendeth the
sute & craveth oyer of the s* ace' w"*" being read the s* Richard Bentley
saith that as to the five yards of Woolen cloth in y" acet ex^jressed at the
rate one pound he oweth not for and Because y" s^ cloth he received upon
the accoiuit of his tfredome cloths whereof he maketh oath and the arti-
cle of three moneth Dyet at the rate of eight shills and four pence the
moneth upon his oath he saith ought by agreement to have been charged
at the rate of four shillings and two pence the moneth the rest of the
ace* he acknowledgeth to be just but that he hath discount of the sume
of eight shilling and six pence all w"'' he prayeth may be inquired of bv
the Country Wherefore the Prov" Marshall is commanded that he cause
to come here twelve true and lawful men of the vicinage and who to
neither of the partys are any ways related by whom the truth of the
matter may be knowne who being impanelled and sworne

408 COLONIAL RECORDS.

r Evidence sworne ^
-' for the defeiidt. viz
(^ John Bentley J

Namely M"" John Barrows foreman

John Hal ford Ben Gidion

W°' Plater John Belman

Jonathan Bateman Uriah Canon

Robert Moline Wm Gaskin

Wm Jackson John Raper
Thomas Gillam

say upon their oath we of the jury finde for the plantif eight shillings
and six pence w"* costs Ordered that the s'* Rich Bentley pay unto
the s^ Cornelius Lerry eight shillings and six pence w"" costs of sute

Court adjourned untill one of the clock in the afternoon

25 Sept 1694

Tuisday in the afternoon Se^itember the 25"' the Court meet and and
are p''sent

The Hon''''' Thomas Harvey esq'' Dep*^ Gover" &c and the Deputys
and assistants aforemenconed

Thomas Hawkins arrested to answer Maj'' Alexand" Lillington Attor-
ney of John ^^' right of Virginia in a plea of Deljt and the s'' Lillington
appears and produeeth his letter tif Attorney from the s*^ Wright and in
behalfe of the sd Wright saitJi that the s"* Hawkins is justly indebted
unto the s* John Wright the sume of sixty three pounds foiu'teen shil-
lings and he produeeth a iiond under the the liand and seal of the s**
Hawkins and Alis Davis A\"iildow and the said Hawkins came not and
Cajit Henderson Walker Surety for the s** Hawkins appearance assumes
that he the s"^ Hawkins shall appear at the next Gen" Court to be holden
for this County to answer the said comjJaint.

Ordered that the s'' Capt Henderson Walker Surety shall as aforesaid
have here the body of the s'' Thomas Hawkins at y^ next Gen" Court as
afores** to answer the plaint as afores'' otherwise judgment to pass against
him for the s* Debt.

John Bentley attachetl to answer Cornelius Lerry in a plea of Detinue
and the s** I^erry came in his proper "^son and saith that at the request
of the defend' he the s** Lerry severall Chatties to the s"* John Bentley
defend' did lend on condicon to be returned upon demand restitucon
whereof the s"* Bentley denyes to y° Plantifs Damage fifty shillings and
the s'' John Bentley appeareth and by his Attorney Capt Henderson
Walker defendeth the Injury and saith that the plantif the s'* Chattells
to the defendant did not lend as the plantif in his declaracon alleigeth
and this he desireth may be inquired of by the Country wherefore the
Marshall is comanded that he cause to come here tAvelve true and lawful

COLONIAL RECORDS. 409

men of the vicinage and wlio to neither of tlie partys are related hy
whom the trutli of the matter may be known who accordingly impan-
elled and sworne

Namely John Stepney foreman
_ Evidence Sworne Wm Crag Henry Creech

for plan* Jno Twegger Win Bournsby

James ff'ewox 1 Jno Mason Wm Raymond

Rich Bentley / Wm Vos Charles Dickison

Nicholas Symons Mathias Towler
ff'rancis Hendrick
say npon their oath we of the Jury rtnd noe Clause of At;tion. Ordered
that the sute be dismissed and that the s'^ Lerry pay costs of sute

Mr tfrancis Parrot by his peticon shewing that he being sumoned an
evidence for the plantif in an action between ffrancis ttbster plantif and
Rich. Plater defendt hath attended on this court two days and was three
days coming and goeing

Ordered that the s"* ffrancis ftbster pay to the s'' if'rancis Parrot y'* sume
of ten shillings als execution.

John Bentley attached to answer Cornelius Lerry in a plea of the case
and the s'' Cornelius Lerry came and said that the s*^ John Bentley owed
to y* plantif y" sume of sixteen pounds four shillings and ninepence by
ace' And the s'' Bentley by his attorney Capt Henderson Walker sayeth
that to y' s* action he ought not to answer for and because y* s"* Cor-
nelius Lerry hath in contempt of the rule of this Hon'''^ Court in favour
of the s"* Cornelius Lerry made in the forenoon hath denyed to deliver
a coppy of his ace' to the defend' l)efore tryall and craveth a nonsute

Ordered that the s"* action fall and that the s'' Cornelius Lerry pay
costs.

Alexander Lillington esq' proves a letter of Attorney to him directed
from W'° Ducken field esq'' by the oath of Wm Glover.

Mr Patrick Henley arrested to answer Wm Duckenfield esq"" in a plea
of case and the s* Patrick Henley came and Alexander Lillington Attorney
of the s* Wm Duckenfield saith y' he is not informed what in the case
to say and the s"* Henley craves a nonsute

Ordered that the s'* action fall and that the sd Wm Duckenfield pay
cost of sute

Thomas Hassold attached to answer Thomas White and Diana his
wife in a plea of the case and the Plantifs say that the s'* Hassold un-
justly detaineth certaine writing acc'^ and bookes relating to contracts and
copartnerships had and made between the s'' Diana one of the Plantifs
48

410 COLONIAL RECORDS.

wliile shee was sole and the .s"* Hassold. And the a'^ Hassold defendeth
the injury and saith that a reasonable ace' thereof he is ready to render
wherefor upon the humble prayers of both partys.

Ordered that the auditing of the accounts and whole controversy in
this action depending between the s'^ Thomas White and Diana his wife
plantif and the s** Thomas Hassold Defended be wholy referred to the
award of the Hon'"* Thomas Harvey Esq Deputy Govern &c and the
Hon"''''" Benjamin Lakar esq' who are hereby requested to mak a full de-
terminacon of the same and if need be make report thereof to tlie next
Gen" Court.

The rest of the actions returned to this day are referred until to-
morrow :

And the Court adjourned untill the Morrow eight of the clock in the
forenoon.

September y° 26"' fforenoon

pi-3nt -pi^g Hon*'''*' Depty Governo' Thomas Harvey esq' ffrancis Tomes
Benjaiuin Lakar Maj' Sam' Swan Coll Thomas Pollock Dan' Akehurst Sec'
esq' L"^^ Dep'^' Cap' Anthony Dawson M' John Durant assistants.

Mad" Susanah Heartley attached to answer Patrick Henley in a plea
of the case and the s** Patrick Henley came and saith tliat the s** Susanah
Heartley as being Executrix of the last will and testam' of Coll ifrancis
Heartley dec* is indebted to y* plantif y* sume of twelve pounds by ac-
count produced in Court. And the s* Susanah Heartley by her humble
peticon showeth that she being very sick canot appear to answer the s*
plan' at this court and humbly craves day to be given to her till the
next court.

Ordered that this action be referred to the next Co"

Juliana Taylor Widdow assumes upon herselfe in Court to answer a
peticon of M' Caleb Calaway and Benjamin Gidion shewing that the s*
Juliana Taylor had molested and hinclred the peticoners in their lawfuU
proceedings in and about the siu'veying of a tract of Land to y* s** Ben-
jamin Gidion belonging lying on y" West side of Caslelons Creeke in
Pequimons precinct And it apjjearing that the s* Juliana Taylors claime
being bv an entry made upon land formerly seated was illegal. But by
the consent and at the request of the s** Benjamin Gidion in favour of
the orphan John Taylor deceased

Ordered that the dividing line between the s* Benjamin Gidion and the
s'* Orphan shall begin about the length of a chaine up the swamp from a
little house built upon Alexander Speeds labour and shall run paralel w"'
Cornelius Lerrvs side line

COLONIAL RECORDS. 411

Upon peticon of John Wilson of Pascotank shewing that John Gibs
esq" owed to y* peticoner hiwfull aUowance for four days attendance and
one day coming and one day goeing at a court in y" year 1693 att y° re-
quest of M' Edward Mayo Attorney of' the said John Gibs

Ordered the s* Edward Mayo Attorney of tlie s* Jn" Gibs pay unto
the s"* John Wilson y' sume of thirteen shills and four pence Als Execu*

Of y^ estate of Wm Sprag one cow and calfe in the hands of James
Thigpen and one steer in the hands of John Lilly attached upon the com-
plaint of John Stepney. And the s"* John Stepney came and saith that
the s"* W" Sprag is indebted to the .s'' John Stepney in the sume of
twenty six shillings by Bill under the hand of the s'* William Sprag w"**
he proveth by the Oaths of Christop' Butler and Caleb Callaway. And
the s** James Thigpen came and says that the cow and calfe attached in
his hands are not any part of the estate of the s"* Sprag but that they are
the proper estate of him y^ s"* James Thigpen w"" he proves by the oaths
of Rich Willard and Anne Willard.

Ordered that the s'' cow and calfe be delivered to y^ s'' Thigpen clear
of this attachment w"" cost. And Christopher Butler alsoe came and
saith that y^ s* steer attached as afores** and all other goods or Chattell &
estate of the s'* Wm Sprag doe now properly belong to the s'* Christopher
Butler and he produceth a bill of sale from the s^ Wm Sprag w''*' he prov-
eth by the oath of Wm Charleton and for want of further evidence day is
given to the s"* Christopher Butler and thereupon this and all other attach-
ments against the estate of the s'' Wm Sprag are referred to y" next Court.

The Prov'' Marsh' or deputy is required to attach y" Body of Mary
Lamb Administrator of y' goods and chattells of Joshua Lamb dec'* to
answer y^ plaint of M' Wm Collins of this county in a plea of Debt And
the prov'' Marshall saith that she is not in this County to be found and
she came not and the s"* Wm Collins came and saith that the s"* Mary
Lamb qualified as afores'* is indebted unto y^ plautif y^ sume of ten
pounds sterlirfg w'''' he desireth to be inquired of by the Country Where-
fore the marshall is required that he cause to come here twelve true and
lawfull men of the vicinage and who to neither of the partvs are any
wayes related by whom the truth may be found who impanelled and
sworne viz John Stepney foreman, Wm Charleton, John Holford James
ffewox Thomas Gillam Jn" Lilly, Jn" Bentley, Jno Tweger, Nicholas
Symons, Robert beasley, Leon Loften, Patrick Keniday say upon their
oath we finde for the plautif fifteen pounds in porke

Order'* That attachment be granted against the estate of the s*" Joshua
Lamb to satisfy the s'* sum of fitteen pounds in porke w"" Costs of sute.

412 COLONIAL RECORDS.

Upoii ptitiUoii of" Thoimis Welch Servant to ^NP Joseph Cumander
praying to be discharged from his servis And he produceth in Court his
indenture by w"'^ it appeares that the time of his service ought to comence
from liis first arrival! in Ashley >River it being part of this Province of
Carolina

Order'* that the s** Thomas Welsh be discharged eniediately from his s'*
masters service

Thomas White and Diana his wife attached to answer Thomas Has-
sold in a plea of the case and the s'^ Hassold came in his pro])er person
and saith that the s** Thomas White and Diana his wife oweth to the
said Thomas Hassold the sume of twenty one pounds nineteen shills. by
acct and contracts had and made between the plantive and the s** Diana
one of the defendants whilest she was sole and the s* Thomas White and
Diana his wife came f{nd defend the Injury and say that that noe such
accounts and contracts was made between the s* Diana one of the de-
fend** and the plantifs as by his declaracon the plantif hath alleged and
the s** Hassold produceth his ace** in Court and the defendant saith to y'
charge of twelve pence by the pound for keeping the books is not accord-
ing to agreem' and that the charge for casting up the old books was not
according to agreem' and that the totall of the debts by the s"* Thomas
Hassold given and whereupon the Mages of the s** Hassold charged in
the ace' was assessed is given in to be greater than the reall accoinits of
the a^ booke amounted to And the s'^ Thomas Hassold upon his oath
declares that the totall sinne given In- him & upon w* he hath assessed
his wages is the true and real sume of the Debts in the booke above
menconed contained, And further saith that the Charges aboves** for the
keeping and casting up the booke aboves** are according to agreem' and
this he desireth may be inquired of by the country Wherefore the Mar-
shall is required that he cause to come here twelve true and lawfull men
of the vicinage and who to neither of the partys are any waves related
by whom the truth of the matter may be found who being impanelled
and sworne viz Jno Stepney Wm Charleton, James ifewox, Jno. Lilly,
Jn° Bentley, Nicholas Symons, M'' Nicholas Daw, Robert Beasley, Leon-
ard Loften, Patrick Keniday, Thomas C'lark Henry Palin, say upon
their oath we finde for the Plantif thirteen pounds six shillings and two
pence

Ordered that the s** Thomas White and Diana his wife pav to the
Plantif y* sume thirteen pounds six shills and two pence w"" costs of
sute.

COLONIAL RECORDS. 413

James ffewox proveth his rights to land by tlie iinpor. of Rich Baclie-
lor and John Haswell John Halford by his petioon shewing that lie be-
ing snnioned to give his evidence for Thomas Hassold in an action aginst
Thomas White and Diana his wife hath attended three days and day
comeing and day goeing

Ordered that the said Thomas Hassold doe pay unto y" s'* John Hol-
ford the snin of ten shillings and ten pence w"' costs of this order John
Tweger by his pecticon craving jndgem' according to law for three days
■ attendance, & a day coming and day goeing being sumoned an evidence
for Thomas Hassold in his action against Thomas White and Diana his
wife.

Ordered that the s"* Thomas Hassold i)ay unto y' s'' John Twegger the
sume of ten shillings and ten pence

Mr. Robert Wilson attached to answer Stephen Manwaring in a plea
of Defamacon and the s** Wilson came and craves time nntill the next
court for y° procuring of this evidence. Whereupon it is referred to y^
next Court.

W" Gascoigne b}- his humble peticon shewing that whereas it was pi"o-
vided by an act of assembly that a road should be laid out for y^ inhabi-
tants on the back of Winleys plantacon as conveniently as may be for
the s* inhabitants w"'out going through the cleared ground on the s'^
plantacon Not with standing which the road is still continued through
the cleared ground and orchard upon the s* j^lantacon although a road
may be found as convenient for the s"* inhabitants w"'out goeing through
the s* plantacon

Ordered that the Court of the precinct of Chowan cause a road to be
laid out according to the s'^ act and the proceedings therein be returned
to y° next Gen^" Court. The Coiu't adjourned nntill Thursday 7 of
clock the iforenoon

Thursday September y" 27 ffore Noon

The Court Meet

Present The Hon^''''' Thomas Harvey esq'' Dep'^' Govern"" Danl Ake-
hnrst esq' Secret"" ffraneis Tomes Benjaman Laker Maj"" Sam' Swann Coll
Thomas Pollock esq' L"*" Deputys Capt Anthony Dawson M"" Jno Durant
assistants

M' Willm Gascoigne by his humble peticon shewing that the estate of
Thomas Slaughter dec' haveing been administered upon by Mad"" Susana
Heartley hath been a great part disposed of w"'out any Lawfull apprisem*
to y* great p'judice of the creditors and orphans

414 COLONIAL KECOEDS.

Ordered that Mad" Susaiia Heai'tley be sumoned to bring in an ace' of
the s* Thomas Slaughter's estate to tlie next Court.

Stephen Manwaring attached to answer Robert Wilson in a plea of"
trespas of the case and the s'' Stephen Manwaring came and the s"* Wil-
son alsoe and both partys freely and voluntarily refere themselves to the
judgni' of the Court as well in the title of the land as alsoe in the assess-
ing of damages and costs And the s** Robert Wilson by his attorney
M'^ Richard Plater saith that the said Stephen Manwaring into one plan-
tacon to y" s* Robert Wilson belonging lying in pequimons p^cinct ad- •
joining on a certaine place called the long reach unlawfully hath entered
and an house thereon built and the ground thereof broke up and severall
other injnrys thereon comitted though thereof forewarned whereof the
plantif saith he hath damage of fifty pounds and the said Stephen
Manwaring saitli that in and to the s'^ plantacon he hath entered as it was
just and lawfuU for him to doe for and because the s*^ plantacon whereon
the s'' trespas by the plantf. is aleged to be comitted is not as the plantif
hath aleged the land of the s"" Robert Wilson but y^ proper land of the
s* Stephen Manwaring and the s'' Robert Wilson produceth y° entiy of
the s* land w"* his receipts and quit-rents by him the s*" Wilson paid
for the s* land, And the s** Stephen Manwaring by Capt Henderson
Walker his attorney produceth his right and entry. And upon consid-
eracon of the whole matter it appearing to the Court that M"' Stephen
Manwaring's entry hath the priority

Ordered that the survey'' lay out for the s"" Stephen Manwaring six
hundred and forty acres of land acct)rding to Cap' fHetchers entiy and y'
the land y' shall be found between y' line to be laid out for the bounds
of the s** six hundred and forty acres of y® s'' Stephen Manwaring and
W" Lacy's line be surveyed for the s** Robert Wilson and the survey
thereof be returned to the first day of the next Cort that it may appear
where the trespas lyeth.

Capt Thomas Relfe sworne Prov" Marshall

Benjamin LaKar esq' sumoned to answer James flewox in a
plea of trespas of the case And y^ Hon"" Dep'^' Governor Thomas
Harvey esq' being nearly related to y" defend' withdraws And
James ffewox sath that the s** Benjamin LaKar upon a certaine
piece of land called Batts Grave or island certain hogs hath put
whereby the plantifs corne thereon planted and growing hatli been
eaten up and destroyed whereby he is damnified y^ sume of five
pounds and the s'^ Benjamin LaKar by his attorney Capt Henderson
Walker saith that Jno Gibs esq' had right to a parcel of land upon the

COLONIAL RECORDS. - 415

s" islaiul bv labour tliereoii done and that M'' Edw. Mayo attorney of the
s* Jno. Gibs hath assigned unto the s* Benjamin Lakar all the right and
title of the s^ Jn° Gibs in and to the s"" p'cell of land upon the s** island
Avhereon it was just and lawful 1 for the s* LaKar to put his hogs and that
the plantif liad not a good and lawfuU fence about his s'' corne and this
he desires may be inquired of by the country wherefore the Marshall is
required to cause to come here twelve true and lawfull men of the vicin-
age and who to neither partys are anywise related by ^vhom the truth of
the matter may be found who being impanelled and sworne viz Thomas
Garrett foreman Wm Gascoigne, Jno Twegger, Wm Bournsby, flVancis
Penrice Geo Mathews, James Thigpen, Tho. Stephens, Jn° Holford Jno
Previt, Jn" Lilly Robert Moline say upon their oaths we finde noe cans
of action

Ordered that the sute be dismissed and that the said James ffewox pay
costs

Anne Stuart Sen"" proveth 6 rights viz four negroes one English serv'
and Virgin Simons.

Upon peticon of Mr Rich Plater a letter of Attorney from M"" Sam'
Shrimpton of New England to y* s'' Rich Plater proved by the Oaths of
M"" John Blaney and Willifi Jarvis

Ordered to be recorded

John Tweger Wm Lacy Tho. Stephens Nicholas Symons sworne evi-
dences for the plantif in a jilca of defamacon between Stephen Manwar-
ing plantif and M'' Robert Wilson Defend' now depending

Adjourned untill one of the clock afternoon

September y^ 27*'' afteekoojs'^

The Court Meet

prsnt rpj^g Hon''"^ Thomas Harvey esq"" Dep'^ Govern' Dan' Akehurst
esq"^ Seer' ffrancis Tomes Benjamin LaKar Sam' Swann Coll Thomas
Pollock esq" L*' Dep''" Capt Anthony Dawson & M'' John Durant assis-
tants.

Patrick Henly bound over to answer Williii Bournsby upon an appeal
from a judgment given ag" him the s'' Bournsby in the Court of the pre-
cinct of Pascotank. It appearing to the Cout that the s* judgem' be
given upon a verdict of Jury the causes assigned by the s"* Bournsby are
insufficient for the appeal

Ordered that the ten pounds adjudged by the precinct Coui't to be paid
unto the s'' Henley by the s* Bournsby be confirmed

And the s* Bournsby appeals to their Lordsships Court of Chancery.

416 • COLONIAL RECORDS.

Ordered that the .s' Putriek Henley be sumoued to appear at their
Lord'P* Court of Chancery to be holden on Thursday the twenty ninth
of November next to answer the appeal of the s* Wm Bournsby the s*
Bournsljy giveing security to prosecute the same.
W" Bray sworne Dep'^ Marshall

Nicholas Symons crave judgem' for his lawfull allowance for three
dayes attendance and a day comeing and a day goeing being sumoned to
give his evidence for Stephen Manwaring in an action ag'' M' Robert
Wilson

Ordered that the s"* Stephen Manwaring pay unto the s'' Nicholas Sy-
mons y' sume of ten shillings and ten pence.

Robert Beasley sumoned to answer Stephen Manwaring in a plea of
the case and the s^ Manwaring came and saith that the s^^ Beasley refnseth
to p'forme a contract and assumpticju by him made for the sawing w""
the s* Manwaring or his serv' five thousand five hundred foot of
planke for the use of the s'* Manwaring upon consideracon three thou-
sand five hundred pounds of tobacco w-^" was due from the s* Robert
Beasley to y^ s" Stephen Manwaring. But y^ s" Robert Beasley making
it appear that the s'' action of the I'asc now brought Iw the s* Manwaring
hath alreddy been trye<l by the Country in several Cor'^ and found for the
Defend' Ordered that it \>v dismissed and y' the s" Stephen Manwaring
pay frosts.

George Harris sworuc Deputy Mar.-hal!

Richard Bentley craves judgment for allowance according to law tor
his attending upon this Court one day and a day comeing and day goe-
ing being sumoned by John Bentley to give his evidence in an action be-
tween Cornelius Lerry and y" s** John Bentley

Ordered that the s* John Bentley pay unto y*^ s" Richard Bentley y-^
sume of five shills and ten pence

Wm Bentley craves judgem' for allowance according to law for attend-
ing upon this Court one day and a day comeing and a day goeing being
sumoned by Jn° Bentley to give evidence in an action between Cornelius
Lerry and the s** Jn" Bentley

Ordered that the s'* John Bentley pay unto the s" Wni Bentley y'
sume of five shillings and ten pence

Jonathan Ashford Craves judgement for allowance according to law for
his attendance on this court one day and a day comeing and a day goeing
being sumoned by Jno Bentley to give evidence in an action between
Cornelius Lerry and the s'' John Bentley

Ordered that y^ s'* John Bentley pay unto ye sd Jonathan Ashtbrd y"
sume of five shillings and ten pence

COLONIAL RECORDS. 417

Jiio ]Masiin hoiiiid over to ;ip[)eai' at tlii.s Court to answer Wfn lioiinishy
in an appeal from jndgnient given upon a verdict of Jury in Paseotank
Court against the s"* \Xm Bournsby and the s"* John Mason appearetJi l)y
Mr Manwaring his attorney and the s** Bournsby by Capt Henderson
Walker his attorney

And the Court will hereof advice

Peter Grey sworne Deputy Marshall

Wul Lacy jun craves judgeni* for his allowance according to law for
his attending two ds upon this Court and a day and a day goeing being
sunioned by Mr Stephen Mauwaring to give evidence for the s** Manwar-
ing in action between the s"* Stephen Manwaring and Mr Robert Wilson.

Ordered that the s'* Stephen Manwaring pay unto y° s* W" Lacy the
sume of eight shillings and four pence

Joan Vos Craves judgm' for Lawfull allowance for her attending upon
this Court two days and day coming and day goeing being sumoned to give
evidence for Mr Robert Wilson in an action between y" s** Robert Wil-
son and Stephen Manwaring

Order"* that y'' s"* Robert \^^ilson pay unto the s** Joan Vos the sume
of eight shills and four pence

W™ Vos craves judgm' for allowance according to law for his attend-
ance upon this Court two dayes and a day comeing and a day goeing
being sumoned to give evidence in an action between Robert Wilson and
Stephen Manwaring

Ordered that the s"* Stephen Manwaring pay unto the s*' W" Vos v"
sume of eight shillings and four pence

Patrick Keniday Craves judgeni' for allowance according to law for
his attendance upon this Court two days and a day coming and a day
goeing being sumoned to give evidence for Stephen Manwaring in an
action between the s* Stephen Manwaring and M'' Robert Wilson

Ordered that the s"* Stephen jNIanwaring pay unto the s"* Patrick Keni-
day the sume Eight shill & four pence.

Patrick Keniday craves judgm' for allowance according to law for his
attendance upon this Court two Days being sumoned to give evidence
for Robert Wilson in an action between the s** Wilson and the s* Man-
waring Ordered accordingly

John Holford craves judgm* lor allowance according to law tor attend-
ing this court as an evidence for Tho. Hassold ag' Thomas White and
Diana his wife three days and day coming and day goeing.

Ordered that the s** Thomas Hassold pay unto the s* John Holford y'
STime of ten shills and ten pence
49

418 COLONIAL RECORDS.

Thomas Stephens Craves allowance aeconling; to law for his attend-
ing of this Court as an evidence for Stephen Manwaring ag' Robert
Wilson two days and day coming and day goeing

Ordered that the s* Stephen Manwaring pay unto the the s"* Thomas
Stephens eight shillings and four pence

Eliz Mowbery craves allowance for her attendance as an evidence for
Patrick Henley ag" W" Bournsby four days and a day comeing and a
day goeing

Ordered that the s* Patrick Henley pay unto the s"* Elizabeth ]\Iow-
bery y° sume of thirtee shills. and four pence

Jn" Twegger craves allowance for attending this Court being an evi-
dence for Stephen Manwaring against Robert Wilson four days and a
day comeing and a day goeing

Ordered that the said Stephen ^Manwaring pay unto y' Jn" Tweger the
sum of thirteen^ shillings and four pence.

Jn" Twegger craves allowance for his attendance being an evidence for
Tho Hassold ag^' Thomas White and Diana his wife three days and a day
comeing and a day goeing

Ordered that the s"^ Thomas Hossold pay unto the s"* Jn° Twegger the
sume of ten shilP and ten pence

James ffewox proveth his right to one hundred acres of land by impor-
tacou of Ric-hard Bachelor & -Tn" Haswell

Jn° Symons proveth his right to fifty acres of laud by the importacon
of himself.

Court adjourned uutill September the 28

September y"* 28 1694 forexoon

Pr'"' Dan' Akehurst esq'' Sec"^ ffrancis Tomes Ben. Lakar Maj"^ Sam'
Swann Coll Thomas Pollock cscf Lords Deputys Capt Anthony Dawson
assistant

Win Lacv Sen"^ Craves allowance for his attendance being an evidence
for Stephen Man^^■ariug ag" Robert Wilson two ds and day comeing and
day goeing

Ordered that the s* Stephen ^Manwaring pay unto the s"" Wm Lacy
eight shills and four pence

M' Edward JNIayo craves allowance for his attendance being an evi-
dence for Thomas Hassold in his action against Thomas White and
Diana his wdfe three dayes and a day comeing and goeing

Ordered that the s* Thomas Hassold pay unto the s* Edward Mayo
the sume of ten shills and ten pence

COLONIAL RECORDS. 419

Tliiiotliy Poad and cliailes Thomas bouiul over upon inforniacoii of
Mathias Towlcr to answer their eontempt in taking away a whale from
him the s'' Matliias Towler he having a Lycence from the Hon"* Gov-
ernor for whaling. It sufficiently appears to the court that the s*^ Timo-
thy Pead and C^liarles Tho did not in any wise shew any contempt of
authority

Ordered that the s** Timothy Pead and Charles Thomas be discharged

Present M'' Jn° Durant assistant

Mathias Towler bound over by order of Couratuck Court bearing date
the twenty third day of April last for feloniously taking of eight Bar-
rels belonging to Timothy Pead. It appearing by the oath of An Ros
y' she y" s"* An Ros to whom the Barrells did then belong gave her con-
sent that the s* Mathias Towler sh(juld liave the Barrell pay her for them
and that her consent was given to y* s" Towler for tlie s* Barrells before
any agreem* was made w"' the s"* Timothy Pead concerning tliem

Ordered that the s"* Mathias Towler be discharged.

C'harles Thomas by his peticon sheweth that he the s"* Cliarles Thomas
had done ten dayes worke upon the whale w"*" afterwards Mathias Tow-
ler tooke from Timothy Pead and Company w"'' lie proveth by the oath
of An Ros.

Ordered that Mathias Towler pay unto the s"" Charles Thomas for his
labour done upon the whale ten shillings and upon assignm' of Timotliy
Pead two shillings and six pence due to the s'^ Pead for his labour in and
about the s* whale with costs of this p'sent Order

Anne Ros liumbly sheweth that she the s'^ Ros w* the assistance of
some of her owne family trj-ed up three Barrell of oyle out of the whale
w°'' Mathias Towler afterwards took from timothy Pead and their company
and that shee did other labour about the s* whale And that Mathias Towler
had by her consent and upon promis of pay seven barrells for all w"** she
prayeth judgem'

Ordered that Mathias Towler pay unto the s* Anne Ros the sum* of
fifty one shillings and three pence w*"" cost of this order

Edward Sup craveth allowance for attendance being an evidence for

•Sarah Johnson against Jn° Hopkins two day and a day coming and a day

goe goeing. Capt. Anthony Dawson humbly praying that Willm Bentley

may make appear his title to the land called Hawtry Neck upon consid-

eracon of the whole matter

Ordered that Cap' Dawson have the land lying on the head of Ben
Lakar esq'' his land according to the entry made by Capt. Anthony Daw-
son

420 COLONIAL RECORDS.

Tjeonanl Ijoften provetli rig:hts for himself and Eliz liis wife.

Richard Bentley by his attorney Cap' Henderson A\^alker shewing that
the action brought by Corne. Lerry ag*' tlie s'' Beutly was not actionable
by law humbly craves a hearing in Chancery

Ordered that that the s'^ Lerry be snm(jned to appear at the Court Chan-
cery to be holden the twenty ninth daj' of November next to answ^er
the premises and the s*^ Rich. Bentley give good security for prosecution.

John Mason acknowledged a bill of sale for twenty four head of cattle
to Robert K itching-
John Mason acknowledgeth liis and Sarah his wife their assignem' of
a bill of sale made to the s* Jn" Mason by Jn" Don of a certain planta-
con in the p''cinct of C-ouratuck lying next to W'hitts Island unto the s**
Robert Kitching.

Upon Peticon of Jonathan Bateman shewing that he haveing raaried
the Relic' of Lawrence Arnold deceased hath paid severall debts of the
s** Arnold and the executor of the last will of the s'^ Arnold being under
age he humbly prayeth that he may be be reimbursed the s.^ debts w"" his
charges It appealing that noe probat hath been given of the s* Will

Ordei-ed that a probat be given of the last will of the s'' Arnold to y^
Executo"' by the s** Will appointed and forasmuch as the executor is un-
der age Jonathan Bateman his guardian shall in his behalfe Execute the
s* Will

Sai'ah Mason wife of Jno Mason acknowledgeth her free and voluntary
assent to the assignment of John Dons bill of sale unto Robert Kitch-
ing

The Court adjourned untill two of clock

Septemb'" 2^ After noon

P''sent Dan' Akehurst esq"^ Secre' ifrancis Tomes Benjamin Lakar
Maj"' Sam' Swann Cc>ll Thomas Pollock esq' Lords Deptys Cap' Anthony
Dawson M' Jn" Durant assistants

Jn° Previt proves his right three hundred acres of land by the impor-
tacon of Jn° Previt twice transported An his wife Philip Wardc Jn° Pre-
vit Ju'' Mary Previt

Maj'' Sam' Swann proveth his riglit to six hundred and iifty acres of
land bv the importacon of Sam' Swann, Sarah Swann, Wm, Sam, Sam-
son, Henry and Thomas Swann, Eliz Hunt, Tom, Mary, Hanah Eliz
and Jane Serv"

Jn° and Sarah Mason craves allowance for their attendance being evi-
dences for Patrick Henley against Wm Bournsby each four d* and day
comeing and day goeing.

COLONIAL RECORDS. 421

Ordered that the s'' Patrick Henley pay unto the s* Jno. Mason and
Sarah his wife the same of twenty six shilP and eight pence P''sn' y^
Hon^''' Thomas Harvey Dep*^ Govern'

Mrs Anne Durant shewing- tliut two of the apprisors appointed to ap-
])rise the estate of M"' George Durant dec'' are by departure or sickness
disabled. Craves that other may be appointed in their stead.

Ordered that M' Jn" West M' Jn° Whitby Jonathan Bateman and
Tho. Hassold or any tliree of them being sworne befoi-e M' Jn° Godfrey
shall apprise the s** estate

M'' fibster Jervis craveth a division to be made of the estate of Thomas
Jervis esq' dec^'^ that the s** tfoster Jervis may have liis part separate.

And M' Charles Neal in behalf of Dorcas Daughter of y^ s* Charles
Neal and Dorkas his wife who was daughter of the s'* Thomas Jervis
humbly prayeth that the part or poi'tion belonging to the s'^ Dorcas Neal
out of her grandfather y" s** Thomas Jervis his estate may be delivered
to y^ s* Charles Neal in behalf of his s"* daughter

Ordered tliat M' W" Allen M"" Thomas Vandei'miden and Rich. San-
derson ju'' or any two of them shall make devision ol' tlie estate of the
s* Tliomas Jervis and that the s'' itbster Jervis have liis part or portion
of the s* estate and that the parte or portion of the s'' estate belonging to
y* aforemenconed Dorkas Neal be delivered unto the s* Charles Neal he
giving security before the p'cinct Co'' of Conratuck for the same

An Ros craveth allowance ibr lier attendance (being an evidence for
Mathias Towler) four days and two days coming and two dayes goeing.

Ordered that the s** Mathias Towler pay unto y° s** An Ros sixteen
shillings and eight pence

Thomas Tull shewing that in y' year 1689 he the said Thomas Tull
obtained a nonsnte against Jno. Gibbs esq' for w"^ noe satisfaction hath
hitherto been made for his costs and charges therein. The matter at the
I'equest of the s*" Thomas Tull and of M' Edw Mayo attorney of the
Jn° Gibbs being referred to the Cour'

(Ordered that the s" Edward Mayo as attorney of y° s* Jn° Gibs pay
unto the s'' Tho. Tull tlie sume of five pounds w"' costs of this p'sent
Judgem' in satisfaction for all the costs and (charges of the s"* Nonsute.

Peter Grey craves allowance for his attendance one day being Evidence
for Mr. Robert Wilson in an action against Stephen Manwaring

Ordered that the s'' Robert MMlst)n pay unto Peter Grey the sum of
thirty pence

Peter Grey craves allowance for one days attendance being an evidence
for Stephen Manwaring against M' Robert Wilson

422 COLONIAL RECORDS.

Ordered that the .s** Stephen Mauwariiig jjav unto Peter Grey thirty
pence

Peter Grey craves allowance for one d' attendance being evidence for
Stephen Manwaring against Robert Beasley. Ordered that Stephen
Manwaring pay unto the s** Peter Grey thirty pence

IX CHANCERY

Thomas Gillani and Sarali his wife snmoned to answer M' Edward
Smithwike and Jn° Sniithwike and they came and Edward Smithwike by
Cap' Walker their attorney pray that the judgem' obtained against them
the s'* Edw Smithwike and Jn° Smithwike at the snte of Thomas Gillam
and Sarah his wife in an action of trespas at the Comon law may be re-
versed and they unto their possession may be restored lor and because the
plantacon and dwelling house wherein the s* trespas was pretended to be
comitted is upon the land formerly survey and laid out for Mr Hugh
Smithick y* Orato* father as by the survey returned by the Hon''''' Major
Sam' Swann doth appear and alsoe craves that they may have a patent
for the s'^ land according to the s** survey And they further prove that
noe force hath l>een by the ji^'sn' Orators used for tiie gaining of their
lawfull possession but that the entry whereon the s"* action at Comon law
against them was brought was a peacible and lawfull entry by the
Oathes of Mr Nicholas Chrisp and William Charleton upon consideration
of the whole matter and hearing of all y' partys

Decreed that the right and title of the s"* land is in y* s"* M"' Edward Smith-
wike and Jn" Sniithwike and that the order of Conii: obtained against
the s* Edward Smithwike and Jno Smithwike at y° sute of the s** Thomas
and Sarah Gillam be reversed and it is hereby reversed and y* the Pro-
vost Marshall or deputy shall put and restore y° s** Edward Smithwike
and Jno Smithwike into their lawfull possession in and upon the planta-
con where the s'' Thomas Gillam now liveth upon the first day of Janu-
ary next untill w"'' time the s'' Thomas Gillam and Sarah Gillam shall
have liberty peacibly to remove all their goods and chattels and crop of
corne of & from the s'' plantacon Making noe M'ast And that the s* Ed-
ward Sniithwike and Jno Smithwike shall pay unto the s** Thomas and
Sarah Gillam y' sum of five pounds in porke in consideracou of the
building and other improvement upon the s'^ Plantacon by them done
and the s** Thomas and Sarah Gillam shall pay cost of sute. '

Sarah Johnson sumoned to answer Jn° Hopkins and she came and bv
her attorney Maj"" Alex Lillington humbly moveth that she may have
time till the next Court for preparing and bringing in her answer and
the s** Jn" Hopkins by his attorney Cap' Henderson Walker moveth that

COLONIAL RECORDS. 423

c'videiuvs bv tliein sonimoncd niav be swonie And in j/Monre of both
partys y* affidavit of An Ward is taken for the s* Jn° Hopkins and the
affidavit of Edward Sap is taken for the s** Sarah Johnson and the fur-
ther hearing referred until y" Court of Chancery to be hehl upon the '29***
day of November next

Adjourned nntill Satnnlay the 29"" day

Saturday September y^ 29"" 1694

P''snt The Hon"''' Thomas Harvey esq'' Deputy Govern'' Dan' Ake-
hurst esq" Sec'"' Francis Tomes Benj. Lakar Maj'' Sam' Swann Coll Tho
Pollock esq'' Ld^ Deputys Cap' Antliouy Dawson M"^ Jn° Durant assist-
ants

Henry Palin craves allowance for his attendance being an evidence for
Win Bournsby ag"' Patrick Henley six days and day coming and day
goeing

Ordered that the s'* Wm Bournsby pay unto the s** Henry Palin eigh-
teen shills and four pence.

Heniy Palin craves allowance for his attendance for Wm Bournsby
ag"' Mason three days

Ordered that Wm Bournsby pay unto ye^ s** Henry Palin seven shills
and six pence.

John Wilson craves allowance foi- attendance an evidence for Wm
CoUings ag" Mary Lamb three dayes and a day coming and day goeing
— Ordered that the s** Win CoUings pay unto the s'' John Wilson ten

shill and ten pence

THOMAS HARVEY
Adjourned untill DANIEL AKEHURST

the" Last Munday BENJAMIN LAKAR

in November ' THOMAS POLLOCK

being y" 24'" SAMUEL SWANN

of November FFRANCIS TOMES

1694 ANTHONY DAWSON

JOHN DURANT

GEN^" COURT HOLDEN AT THE HOUSE OF THOMAS
WHITE Y" 26'" DAY OF NOVEMBER

Present The Hon^""' Thomas Harvey esq"^ Dcp'^ Govern The Hon''""'
Dan' Akehurst ffi-ancis Toomes Benjamin Lakar Sam' Swann Coll Tho.
Pollock esq' Ld' Deputys M'' Robert Wallis assistant

The Court meet and adjournne untill y° 27"" instant 7 of y' clock

424 COLOXIAL RECORDS.

Xuvomb'or y" 27"" ffurenoun
Presn^ y' Honerhle Thomas Harvey eMj'' D Gove"- The Hon*'^ Dan'
Akehurst ffraneis Tomes Benjamin Lakar Maj'' Sam' Swann Col Thomas
Pollock esq' 1/' Deputys jNP \\'m Duelcenfield M' Roijert Wallis assist-
ants

The Court meet and y^ Members alcove named take y" oath under-
written

The forme of the Oath

You sliall doe eiiuall Right to y^ poor and rich after your Cuning witt
& Power vou shall not lie of Councell of any (piarrell hanging before

you

The Oath of the Grand Jury

You shall as foreman of the Gi'and Jury of Inquest of the Body of
this County deligently to Inquire into and true presentm' make of all
such matters as shall be given you in charge. Their Majesties Councel
your owne and your fellows you shall faithfully keep. You shall p'sent
none for malice hatred t)r revenge you shall leave none unj/sented for
pity fear Love favour or affection. You shall take or be in Expectacon
of receiving noe gift bribe or reward but you shall in all things present
the truth the whole truth and nothing by the truth according to yo"'
knowledge Soe help you God

The Attorney (Ten"* Oath

You shall swear as their Majesties Attorney Gen"' w"' tliis Goverm'
truely and faithfully to Execute the s** Office to y' best of y' Witt Cun-
ing and power soe long as you shall continue in the s* Office Soe help
you God

M'' John Porter Ju"' sworne Attorney Gen"

Order* v* y" Attorney Gen" forme an Indictment on their Majesties
Behalf against M' John Philpot

Alexander Lillington attor of JNI' John Wright of Yirgiuia comes to
prosecute his sute against Thomas Hawkins of this County in a plea of
Debt referred from the last Gen" Court and the s'' Thomas Hawkins
came not and the s* Alex Lillington craves Judgm' ag" Cap' Henderson
Walker for the s"* delit by vertue of of an order passed y" last Court
upon an assumption made by the s'' Henderson Walker for the s'' Thomas
Hawkins's appearance at this Crt to answer the s"* sute and for as much as
the s^ Thonuis Hawkins appeared not eitlier by liimself or his lawfull
attornev

COLONIAL RECORDS. 425

Onler'' tliat y" .s' C'apt iK'ii(lerst)ii W'tiikL-r ])ay unto y" «ikl Alexander
Lillintijton attoi'ney of y" s* John AA' rijrlit y" 8ume of .sixty three pounds
fourteen shillings acrording to Speeialty w"' costs of sute als Exeeutioii

And the s** Henderson Walker craves that further proceedings in the
aboves'' sute may be stayed untill an hearing of the matter be had in their
Ld^P' Court of Chancery to be held y" day of ff'ebruary next,

and the s* Henderson Walker for hiniselfe and Coll Win Wilkison on y*
s'* Henderson Walker's behalfe undertake and assume upon their selves
joyntly and severally in the peuall sume of one hundred twenty seven
pounds eight shills to be levyed of their goods and chattels to y° use of
the s'^ Alex Lillington Attorney of the s** John AYright for v' s'* Hender-
son Walkers appearance at their Lordships Court of Chancery to be
holden y' day and moneth afores* to prosecute y' s* appeal

Dan^ Philips take y" Oath of Deputy Marshall of this County.

John Hopkins by his attorney Capt Henderson Walker comes to pros-
ecute his attachm' against y* estate of Wm Spragg. And v° Provost
Marshall returnes attached on y° behalfe of y° s** John Hopkins six sheep
one p of stilliards and one loom one Cow and yearling one cow and
calfe w"" what ever of the estate of the s"* Wm Sprag is in y° possession
of Christopher Butler and three pounds five shillings in the hands of
Lawrence Mesell and y" s'^ John Hopkins saith y' y^ s** Wm Sprag is
justly indebted to him the s'* Hopkins y" sume of fourteen hundred
pounds of Merchantable Porke for and in consideracon of fourteen sheep
sould by the said J(jhn Hopkins to y" s'' Wm Sprag and further saith y'
upon demand of y" s"* Debt made l)y y" s** John Hopkins the s"* Wm
Sprag willingly tendered y" s'* sheep unto y" said John Hopkins for sat-
isfaction of the s"* Del>t of fourteen hundretl ))ounds of porke but that
Christopher Butler by '^swation prevented the same and in short time
after w'^'' designe and purpose y" s'' John Hoj)kins of his just debt to
defraud purchased all tlie estate of the s"* WSi Sprag. And the said
Christopher Butler by Stephen Mauwaring his attorney comes and de-
fends y" sute and saith y' judgem' of y' goods attached he ought not to
have for and y' y^ s** Butler had lawfully purchased all the goods and
chattels of y° s** Wm Sjirag and this he desireth may be inquired of bv
the Country and the s"* Hopkins likewise. Wherefore the Marshall is
required that he cause to come here twelve true and lawfull men of the
vicinage and who to neither of the ptys are any ways related by whom

50

426 COLONIAL EECORDS.

the truth of the matter may be tryed who accordingly imiianelled and
sworne Namely fJolin Stepney forem"

M' James ffisher
M' Tho Horton
W Dan' Snooke
M"^ Isack Wilson
iSI' Robert Beasley
M"' George Dear
M'' Geo. Mathews
]\P Robert M(jline
]\P Rich Gheston
]\P Jenkins Williams
M' Henry Norman
say upon their Oath we finde for the Plantii'e

Jl^vidences sworne for Plantif Arthnre Carleton, James ffisher Coll W""
Wilkison, Maj"' Alexand'' Lillington

ffor defend' Wm Cliarleton and Arthure Carleton

Ordered that the Marshall make paym' of the s* suiiie of fourteen hun-
dred pounds of porke unto y' s'' John Hopkins of y'= goods attached
being apprised acct>rding to law w"" costs of sute & y' overplus if any
be to returne to the said Christopher Butler.

And the s* Christopher Butler craves that further proceedings in y'
p'^misse.s be stayed untill full hearing of y° whole matter be had at the
next Court of C.hancery to be holden for tliis Goverm' And M'' Stephen
Manwaring on liehalfe of y" s** Christopher Butler and y'^ s* Butler in
his owne behalfe assume upon themselves in the penall sum of twenty
eight hundred pounds of Merchatable porke jointly or severally to be
levyed on their goods and chattels to y° use of y° s** John Hopkins if
y'' s'' Butler shall make default in the prosecution of his said appeal

Coll Wm Wilkison having been bound over for his appearance at this
court and his good behaviour in the mean time makes his personall ap-
pearance and the Court haveing considered y" complaint made ag^' him
Ordered that the s** Coll Willin AA'ilkison give good and sufficient surety
for his good abearing towards their majesties and towards his Excell the
Palatine and rest of the true and absolute Lds proprietors and inhabi-
tants of this County for and dui'eing one whole year and one day. And
the said Wm Wilkison acknowledgeth himselfe to be firmly held and
bound In the penall sum of one hundred jDounds and Mr Thomas Blount
of this County of Albemarle under takes on y' behalfe of y^ s* Wm
Wilkison in y' sum of fifty pounds to be paid to his Excel the Palatine
and rest of y' true and absolute Lords proprietors their heirs and suc-
cessors w°^ s** sevearall sums thev doe acknowledg-e to be levved on their

COLONIAL RECORDS. 427

goods and chattels to y" use afores"" if y" s* Win Wilkison shall be defi-
cient in the above written order.

Wm Bundy acknowledgeth liis bill of sale to Timothy Clear of a tract
of land situate in Pequimons Prec' between y° lands late of Joshua Scot
and the lands called oonionly Finckley

Andrew Ross proves by y^ Evidence whose names are thereunto sub-
scribed his Letter of Attorney from Robert Scott. Ordered to be Recorded.

A letter of Attorney from Mary wife of Lawrence Mage" to Andrew
Ros proved by y° Evidence thereimto subscribed Ord'^ to be Recorded

A letter of attorney from John Keeton to Major Alex Ijillington proved
bv y"" Evidences and ordered to l)e Recorded

A Letter of Attorney from James Alexander to Major Alexander
Lining proved by the Evidences and ordered to be Recorded

The Grand Jury sworne Namely

The Court adjourned untill five of Clock

November y^ 27"" five of y* Clock

The Court Meet Pres"' The Hon^"' Thomas Harvey esq"^ Dep'^ Govern'
The Hoif''' Dan' Akehurst ffrancis Tomes, Benj I^akar, Sam' Swann Coll
Thomas Pollock esq" Ld' Deputys Wm Duckenfield and M" Robert Wal-
lis assistants Mad" Susanah Heartley Executrx of the last Will and tes-
tam' of Col ffrancis Heartley deceased arrested to answer y^ Plaint of
Patrick Henley in a plea of Case And y° said Patrick Henley comes and
saitli that y^ defend' is indebted to him by ace' contrac-ted by y' s** ifran-
cis Heartley in his life time y* sum of twelve pounds and the Defend'
by Cap' Henders(jn Walker her attorney defends the sute and craves oyer
of y" s** ace' w"'' being read she further saith that satisfaction of and for
y' s'' ace' hath alreddy been made and this she desireth may be inquired
of by the Country and the s* Henley likewise and the Marshall is
comanded y' he cause to come here twelve true and lawfull men of y*
vicinage and who to neither of y* partys are related by whom the truth
of the matter may be found who accordingly impanelled and swoinie

Say upon their Oath

We finde noe cause of Action

Nanielv

r Evidences for ^

J defend' ( j^^^,^

1 Thomas Lepper [
(^Thomas Horton J

Ordered that y" sute be dismissed-
and that the s** Henley pay costs of
sute. I^John Alford

^Jolin Stepney
Isaac Rowden
Janes Farloe
tfraneis Wade
John Hopkins
Robert ^V^ilson
Timothy Clear
James ffisher
Isaac Wilson
Robert Moline
Thomas Lej^per

428 COLONIAL RECORDS.

John Stepney eonies to pi"i.>swnt(' liis attadnnent of one steer y^
estate of Wfu Sprag by Reference from the last Court at w* Court he
had made his debt appear to be twenty six shillings by Bill And Chris-
topher Butler eomes and sath that judgm' of y* chattell attached he ought
not to have for and that y' s* chattell is by purchase from y* s"* Win
Sprag his y* s** Butlers proper goods and this he desireth may be inquired
of by the Country and the s** Stepney likewise. Wherefor the Marshall
is required that he cause to come here twelve true and lawfull men and
who to neither jjartys are any wayes related by ^vhom the truth of the
matter may be found -who being impanelled and sworne viz
Say upon their oath We finde flsaak Rowden Isaak Wilson

for the plantif with Costs James ffarloe Tho Lepper

tfrancis Warde Robert Moline
( Jurv / Robert Wilson Rich Madren
Ralph fBetcher John Halford
James ffisher
(^Timothy Clare

Orderetl that y^ Marshall make paym' of y' s* Steer apprised according
ti) law unto tile s"* Jolin Stepney for y^ defraying of y'' s*" sume w"" costs
of sute and y" overjjlus if any be to returne to the s* Christopher Butler

And the s"* Butler crave hearing hereof to to be had at y* next Court
of Chancery and in the mean time all proceedings at comon law be stayed
and George Mathews on y" behalf of y^ s'* Christopher Butler surety for
y" prosecution

Stephen Manwaring comes to pre>secute his sute upon a reference from
the last C'ourt in a plea of defamacon against M"' Robert Wilson and y'
s*^ Wilson by M' John Porter Ju'' his attorney comes and saith that y' s**
action against y*" s'^ Robert Wilson ought not to be had for and because
the same action had before been brought by y' s"' Ste2:»hen INIanwaring ag^'
y* defend' and upon tryall liy the Country was found for the detendt

Order** y' y*^ sute Ite dismissed and y' y^ s* Stephen Manwaring pay
costs

Adjourned until! y^ 28"' of Instant 7 of tlie clock in the morning:

November y'' 28"" Forenoon
Court meet Presn* The Hon^'''^ Thomas Harvey esci' Dep'^' Govern"'
The Hon" Dan' Akehiirst tt'rancis Tomes Benj Lakar Maj Sam' Swann
Coll Tho Pollock esq' L"^ Deputys ]\P Will Duckenfieid M' Robert
Wallis assistants

The list of tithables being brought in and l)eing in number seven hun-
dred eighty seven. Bv vertue of an order of Assemblv imjiowering this

COLONIAL RECORDS. 429

Court to lav x" sume of one liuiRlred ami ninety live pounds eleven shil-
lings and ten pence upon the tithables now brought in (jrdered that for the
defraving v" s'^ Charge of one hundred ninety five pounds eleven shillings
and ten pence the Collector Major Alexander Lillington or his deputy or
deputys levy by distress upon y" s** Seven hundred Eighty seven tithable
y^ sum of live shillings ^ {)ole and that he make paym' thereof to the
severall '^sons to whom it is due And that he pay unto M" Edward
Smithwike forty shilliugs and IN'P Robert Beasley twenty shillings for
their severall journeys into Virginia to y' Rt Hon^" Govern"' Ludwell
on y' Country service out of the forty pounds ad\^anced towards publick
buildings. And that alsoe y" s"* Collector or his deputy or deputys be and
are Hereby Impowered to make distrest for his just arrears of his last
yeares collection for w"'' he hath not alreddy taken Bill

Mr ffraneis Tomes, dissents

Robert Wilson comes to prosecute his action of trespas of the case against
Stephen Manwaring referred the last Court that by y* survey thereof or-
dered to be i-eturned to this Court it might plainly appear where the tres-
pas lay And y^ survey of y^ land of y^ s* Stephen Mauwaring according
to y° s* order being returned It doth appear that y' land and plantacon
whereon the s* Robert Wilson had complained y' s* trespas to have been
by the s^ Manwaring comitted was \^'"'in the bonds of y* s* Manwarings
proper land

Ordered that y' s"* sute be dismissed and that the s'' Rober Wilson pay
costs of suite.

The estate of Nathan' Bell of Bermuda attached in the custody of M"^
Joseph Comander to answer the plaint of M" Willfn Duckenfield and the
s'* Win Duckentield came and saith y' y" s** Nathan' Bell is justly In-
debted unto the s'' Win Duckenfield by an ace' y" sunie of six pounds
fourteen shillings w"*" he proves by his owne oath and the oath of Hana-
ball Haskins.

Ordered that paym' be made unto y* s''.Win Duckenfield of y" s** sum
of six ]xiunds fourteen sliill w"* costs of Sute out of y' estate attached as
afores'' als Execution

The Marshall being comanded to attached soe much of y^ Goods and
Chattells of Joshua Lamb deceased as would satisfv y" sum of fifteen
pounds in porke w"' cost of sute recovered of Mary Lamb Administi'a-
trix of y^ Goods and Chattells of the said Joshua Tjamb at y*' sute of
Win Collins y' Marshall makes returne of y* s'' A\'ritt y' there was not
goods or chattells to be found

430 COLONIAL RECORDS.

Oi-dered that a writt of Eligit be granted to the s* Win Collings as
well ag" all goods and Chattells of the s* Joshua Lamb as ag" one half
of all his lands and tenem'' within this Goverm'

Win Hencock arrested to answer James ffarloe in a plea of the case and
y' s^ James ffarloe came and saith that the s'* Win Hencock unto y'
plantif one mare hath sould w"" warranty from all '^sons and claimes
^,ch gd ]vj;aj.g oi^t yf tlie possession of y" plan' hath since been taken
claimed and held contrary to y" intent and meaning of the s'^ sale and
tlie ti^ Hencock by Hanaball Haskins liis attor. saitli that y" plan' ye s"*
action against him ought not to have for and that y" s** mare out of tlie
plantifs possession as he hath alleged hath not been taken and detained
and this he Casteth upon the Country and the Plantif by M' Edward
Smithwike liis attorney likewise and y" Marshall is comanded that lie
cause to come here twelve true and lawfnll men of the vicinage and who
to neither of the partys anj' way are related by wiiom the truth of the
matter may be tryed who Impanelled and Sworne viz John Mason
Thomas Lepper ffrancis Ward John Hopkins Timothy Clear James
ffisher Isaak Wilson, Rich Madren, George jNIathews Robert Moline
George Dem- John Halford say upon their oath we find no cause of
action. Ordered y' it be dismissed and y* plantif pay costs

Mad" Susanah Heartley sumoned to render an acct' of y^ estate of
Thomas Slaughter and she came and In' Hanaball Haskins her attorney
saith that M' Will Gascoigne part of the estate of the s** Slaughter in
his liand yet detaineth and y* s* Gascoigne upon his oath dei-lares y' he in
his possession any part of y^ estate afores'* hath not except one little
trunck w"*" he had formerly given to his daughter the s^ Thomas Slaugli-
ter^s wife and the s** Hanaball Haskins upon his Oath p''sents an inven-
tory of y' s** Slaughters estate

Ord* that James ffarloe pay unto James Pollock and Dan' Halsey each
allowance according to law for each three days attend"^ being suin as evi-
dences in his sute ag*' Hencock antl each two days coming and two ds
goeing

Ordered y' M" Wiii Duckeufield pay unto Hanaball Haskins an evi-
dence in his plea ag" Bell y^ suiiie of Eight shills and four pence for
two days atten. »& day coming & day goeing

The Jurors for our Soveraigne L'* and Lady y" King and (^ueen p''sent
y' John Philpon of the pV of Pasquotank in the County of Albemarle
did at or about y" li'^^ day of September 1694 at the house of Major
Alexander Lillington in the p'ct of pequimons in the county afores"* ad-
visedly maliciously and devilishly in the p'' of divers ^sons utter and

COLONIAI. RECORDS.

431

declare those words iullowino saying (iod dain king W\\\u\ aii<l ulsoe at
y'' afores"^ time and place did ntter hiniselfe further saying I'le drink
King James health for he is the right King and did fnrtlier at the same
time and place utter his secret malice ag*' their Majesties for being ad-
monished of w' he had said ag^' their Majesties he asked w' he had said
and answer being made that he had said God Dam King William to
w"*" he did in most malicious maimer reply Tiien God dam him again
and ye s* Philpot did since upon his examinacon upon the aboves* matter
before the Hon'"' Deputy Govern"^ and Cougcell them offer to dispute
ag" tlieir p^sent Majesties right to the Crowne and for King Jame's con-
trary to the peace of our Soveraigne Lord and Lady the King and Queen
their Crowne and dignity and is contrary to an act of Parlm' made and
in that case provided y" first year of the reigne of King Edward the
gth ^ J 2'" Chapter. .

Upon w""" Indictm' y^ s^ John Philpott being arraigned pleaded Not
Guilty and put himself upon his Country who imijanelled and sworne
viz

The jury saith upon
their oath he is guilty.

Witnesses for their Majesties
Maj' Lillington
Timothy Pead
John Tweger
Mary Peterson

Jurv

M' Caleb Callaway
M"" Tho. Lepper
M"" James fFarloe
M" ffrancis Warde
M' John Hopkins
M^ Robert Wilson
M' Timothy Clear
i\P James ffisher
M" Isaak Wilson
M' John Stepney
M"^ Edw. Smithwike
W Tho Blount

Order f y» s" John Philpott forfeit all his good and Chattels unto his
Excel the Pala and rest of the true and absolute Lds proprietors and
suffer imprisonm* of his body for and during one whole year and a day
w"'out Bail or Mainprise.

And upon the humble peticon of ye s* John Philpott and in eomisera-
con of his weakness and age.

Ordered that y-^ Marshall shall cause y*' goods and chattells of y" s*
Phdpott to be apprised and a true inventory thereof to returne to
y' Secretary's office-and to secure in his custody soe much of the s" estate
as shall be sufficient t(j defray the charges of his prosecution and the rest
to deliver to the said Philpot he giving good security to render y^ same
or an ace' thereof to y^ Grand Councell whensoever he shall be thereunto
required.

432 COLONIAL RECORDS.

Henry Brooks proves lii.s right to fifty acres of laiul by the Iniporta-
con of himselfe

Capt Thomas Relfe ackiiowledgeth his assignui' of a patent to John
Jenings and Willm Relfe

Ordered to be recorded

M' Rich Pope attached to answer Lawrence Mage" and IVIarv his \vife
Guardians of Win Battle son and heir of John Battle in a plea of tres-
pas of the caee and the s* Rich Pope by M" John Porter his attorney
craves day till the first day«of the next court

Ordered that y'^ sute be referred unto the Hrst day of y' next Gen"
Court.

Upon complaint of the Chowan Indians that they are much injured
bv the English seating soe near them

Ordered that no more entry or settlem' of land be made higher then
the plantacons w"'" are alreddy seated above the old towne Creeke and y'
w' entries are already made and not yett settled shall be void.

An attachm' at y* sute of Thomas White and Diana his wife ag^' y°
estate of John Toomy served (v.i Tlnu-ler Offe to give ace' of w' estate
belonging to y° s* Toomy is in his hands and he came not. Ordered that
the Marshall take into his custody y" Body of the s* Thurlo Otfe and
him safelv to keep untill he give good sui'cty lo appear the first day of
the next Gen" G'' to render ace' of tlic >'' Toomys estate w"^ is in his
Custody.

M'' Jdhu Wright upon his (latii attcsteth an affidavit taken before hiu)
in verginia to prove a bill passed by -James Thigpen to .John Keedon of
verginia for the sum of two thousand pounds of tobacco.

A Letter of Attorney from .Tdhn Spdman to Ifrancis Ilendrick proved
bv v" oath of Thomas Flassold and ,Iolin Twegcr Ord. to be Recorded

^A''" Collins and M" Mary Clarke arrested to answer y* plaint of John
Lear esq'' and .Vna his wife Executrix of the last will and testam' of
Seth Sothell esq'' deceased in a plea of Debt and y^ s* John Lear by Cap"
Henderson Walker his attor. and the s"* Win Collins came and by free
consent of both y" sute is referred untill y' Gen*' Court to be holden y*
last Munday in September next.

John Dan ai'rested to answer ffrancis Ilendrick Executor of y* last
Will and testam' of Ednuuid Chambers dec'' in a plea of Debt and ye s**
Hendrick came and it being made appear that y" s* John Dan by reas(jn
of sicknes ^vas uncapable of coming it is referred to y' «tirst day of
Next Court

COLONIAL RECORDS. 43;]

A letter uf attuniey from M" An Durant unto John Dnrant proved
by the oath of George Harris
Ordered to be recorded

M" An Durant arrested to answer Wfn Cnrry in a plea of Case and
the s* Currv came not and the s* An Dnrant by her attorney John Durant
came and craved a nonsute.

Ordered y' y* action fall and y' y' plautif pay costs.
Thomas Staunton arested to answer Andrew Rosle attorney of Robert
Scott in a plea of y^ case and the s"" Rosle Came and Saitli y* the s*
Thomas Staunt(Mi is indebted unto y° plantif by bond one yoke of Oxen
(tne Mare w"* her increase and one hundred and thirty pounds of Tobacco
by ace' and the s* Thomas Staunt by his attorney M" John Porter saith
y' oi' y" s* Debts hy y" Plantif alleged he oweth not any part or p°ell
thereof and of this he desireth the Country may intjuire Wherefore y*
Marshall is required to cause to come here twelve true and lawful! men
of the vicinage and who to neith ptv are related by whom the truth of
the matter may be knowne who aecordingl}' impanelled and sworne
Rich Mailreu viz Win Collins ^

Jonathan Batcnian Geo Mathews |

Tho Garrett John Tweger !

Ralph ffletcher Patrick Henley

John Mason Dan' Snook

James Thigpen Ri(^hard Chester

Say upon their oath

We finde noe cause of action

Ordered that it be dismissed and that the l*lantif pay all costs of Sute.
Barbary Midleton attorney of George Muschamp esq"" arrested to an-
swer Robert Moline in a plea of case and the s* Moline came and saith
that y* defeTid' refuseth to render y* sume'of forty five shill well y° s*
Muschamp is indebted to y' Plantif and the defend* by her attor. Capt.
Henderson Walker saith that long after y" date of y° said ace' y° s*
George Muschamp accounted w"" the s* Robert Moline and the s* Moline
passed his bill to y* s"* Muschamp for y* balance of their ace' being nine-
teen pounds sterling by w* all former acc*^ was outt of w°'' the Court
haveing considered Ordered that the s* sute be dismissed and that y*
Plantif pay costs.

James Thigpen arrested to answer Maj' Alexander Lillington Attor of
John Keedon of Virginia and the s'' Alexander Lillington saith that the
s"* Thigpen is indebted to y* s** John Keedon in the sum of two thousand
pounds of tobacco by bill under his hand and seal And the s"^ James
Thigpen by St-epheu Manwaring his attorney saith y* s* sum he owetli
51

434 COLONIAL RECORDS.

not nor any parte thereof and this he desireth May be inqnired ol' liy the
Country and the s'^ Lillington alsoe Wherefore the Marsliall is required
that he cause to come here twelve true and lawfull men and who to nei-
ther of the partys are related by whom the truth of the matter may be
found who accordingly impanelled and sworne viz

Rich Madren Wm Collins

Jona. Bateman George Mathews

Thomas Garrett John Tweger

Ralfe ffletchei- Patrick Henley

John Mason Dan' Snooke

Rich Chester
Say upon their oath Nicholas Simons

Noe cause of Action

Ordered that y'' sute be dismissed and that y° Plantif pay costs.
Thomas Tweddy arrested to answer Thomas White and Diana his
wife in a plea of the case and upon y" s* Tweddy sicknes and y" sicknes
of his if'amily it is referred till y" first day of y° next Court

Depositions taken upon oath in Coin-t at the request of Mr Robert
Wilson viz Caleb Calaway Thomas Lepper Timothy Clear Nicholas
Simons Robert Bejisley Dan Snooke John Stepney
Adjourned till y' 29*'' of this Instant.

November the 29"" Forenoon
Court meet Present The Hon*'"' Thomas Harvey es«j'^ Dep' Govern'
The Hon*''" Dan' Akehurst ifrancis Tomes Benj. Lakar Maj Sam' Swann
Coll Thomas Pollock L"^ Deputys M' Wm Duckenfield M' Robert Wal-
lis Assistants

ttrancis Hendrick Attorney of John Spelman acknowledgetii his as-
signm* of a Deed of Sale to Thoraa-s White and ftrancis Hendrick ingag-
eth himselfe to deliver all y' estate of John Spelman to the s"* Tliomas
White and the s'' Thomas White assmues the paym' of all John Spelmans
just debts and to bear the s* ttrancis Hendrick harmless from all sutes and
charges that may or shall arise for or concerning any of y° debts of the s''
Spelman Tho. White acknowledged by both ptys tfrancis X Hendrick

Roger Snell acknowledges his assignem' of a Patent for acres of

to y" land Hon"'''* Thomas Harvey esq" and Mary his wife r(>liiu|uisheth
her right of dower in and to y* s** Land.

Upon peticon of Capt Thomas Relfe and Win Relfe Ordered that the
above said Thomas and WiE Relfe in liehalfe of the Orphans of y" dec*
have admiuistracou of the goods and chattells of Eliz Roads dec** thev

COLONIAL RECORDS. 435

being nearest of kin. And that Austin Scarbrongh Wm Temple Thomas
Cartwright and Richard ]Madren or any tliree of them being sworne be-
fore M"" Robert Wallis or John Jenings apprise y° s**^ estate

Ordered that Wm Bournsby pay unto Thomas Pendleton as an evi-
dences ag*' Patrick Henley for one days attendance and one day coming
and one day goeing y" suuie of five shilP ten pence.

Upon peticon of Win Turner Ordered that y" s'^ Turner have a patent
for his land surveyed by Mr Wm Duckenfield according to y* s'* survey
Dan' Halsey proveth his right to one hundred acres of land by the im-
portacon of himselfe and Mary his wife

Adam Gambell's Will proved by the Evidence Ordered that Thomas
Symons Jeremiah Symons Wiii Jackson Sen"' and Henry White or any
three of them being sworne befbr M"" John ^\'^est shall apprise y' estate
of y" s* Gambell.

Cap* Henderson Walker in behalfe of Tho. Hawkins assumes upon
himselfe to pay unto M'' John Wright the debt expressed in the condi-
con of Hawkins bond upon w"*" at this court Judgm' hath passed ag" y"
said Henderson Walker except w' can be made appear to be alreddy paid
by Receipt from y° s'' Wright sins y° date of the Bond in curr' money in
Virginia at or before y* last of July next at y* dwelling house of y* s*
Jolin ^V right and to pay y* costs of this sute to y' clerks and Marshall
and amercem*.

Cap* Walker w'Mraws his Injunction and is by the s"* Wrigh dis-
charged from the s*^ order

Dan' Halsey proveth his right to one hundred acres of land by y'
importacon of John Aires and Rich, ^^^akefield

Adjourned till y' 30"" Instant seven of clock
WILLm DUCKENFIELD ROBERT WALLIS

BENJAINIIN LAKAR THOMAS POLLOCK

THOMAS HARARE Y DANIEL AKEHURST

SAMUEL SWANN FFRANCIS TOMES

Records of Court of Chancery
1694 At y" Court of Chancery holden for this Goverm' y" 29"" day
of November

M' Robert Wilson by his peticon sheweth that Stephen Manwaring
had sureptitious obtained a writ of super sidias from y* Right Hon*' y'
Governor and Counsell to stop the proceedings of an execution issued
against him the s** Stephen Manwaring upon a verdict of a jury found

436 COLONIAL RECORDS.

iijainst him in an ai-tion nt'fje'-tni' l)roniilit Uv tiip s'' Manwaring against
the s* Robert Wilson and it manifestly appearing- to y° Conrt that the
cause pretended bv.s* Man^aring whereupon the supersidias was granted
was for and because y* execution was in the name of the s** Wilson
whereas y' Originall proces was not comenced against y' s^ Wilson but
against Humphrey Burroughs he y^ s* Burroughs being y* supposed
ejector. But it uoaa' ap])earing to the Court as well Ijy y^ Record as by
evidence y* y* s"* Man waring had voluntarily assented in Court to y'
leaving out of the sup])otitious names and to the prosecution of the sute
in the true names of Man waring against Wilson w"'' was the the true cause
of the changing of the names and that y* cause alleged for the ol^etain-
ing y' s*^ supersidias was altogether false and misrepresented

Ordered Decreed that the s'^ supers'* be null and void and it is hereby
made null and void and y* s"" Wilson is left to his remidy at law as if
the s* supers* liad never lieen grantefl and y^ s* Manwaring to pay costs
of this order

James Mills proves his right to eight hund'' and fifty acres of land by
the Importacon of James Mills, Edw Conquest, Geo Sutton and his wife
Nathan' Sutton, Joseph Sutton, Mary Gosby Eliz Sutton, Wfii Hague,
Nathaniell Marker, one Neg"" serv', James Hunds Jn" Pinck and his wife
Jane Garrett, Jn" Overton Joseph Pitts.

Sarah Johnson sumoned to answer y' complaint of Jn° Hopkins and
the s"* Hopkins by his his Peticon shew that y* s** Sarah Johnson in the
pretended right of her son Lawrence Gonsolvo hath unlawfuU and clan-
destinely surveyed a tract of land in y° prec* of Pecjuimons on a creek
called the Indian Creek by w'"" survey she hath included y' s'' Hopkins
plantacon and a great part of v* s* Hopkins land intending thereby y' s**
Hopkins of his just right to dese. . and altogether to deprive and
he humbly prayeth that all process made in the premises for and towards
the confirming or strengthening of y* s'' Gousolvos title in and to the s*
land may be reversed and made null and that the s** Hopkins may have
an order for the survey of his land and plantacon according to his just
claime possession and title. And the s'' Sarah Johnson came not.

Decreed y' y'^ survey"' lay out for the s* Hopkins three hundred acres
of land begin ing at a branch near the s* Hopkins his house and goe for
breadth up the Creeke and that all proceedings by the s'' Johnson made
in the premises to the wrong or p'judice of y' s* Hopkins just title in and
to the s* land be made hereby null and void

A Letter of Attorney from Rich. Bentley to Capt. Henderson AValker
proved by the oath of Maj" Alexander Lillington

COLONIAL RECORDS. 437

Cornelius Lerrv subpeened to answer the plaint of Rich. Bentley and
y' s^ Bentley by liif; attorney saitli that at y* Gen" Court holden in Sep-
tember lan^t y" s'' Lerry \exatiou.sly brought ag" him an action at common
Ijaw for a great sum although when y' issue whereof was tryed by the
Country it was found but eight shi'" and four pence w"*" s* sum by the
Laws of this Goverm' is not actionable he craves to be dischai'ged from
tlie unnecessary charges of the s* sute. And it appearing that y' charges
lirought in to rayse y* s'' Lerrys ace' was for necessary appai*" due from
y' s'* Cornelius Lerry to the s'* Bentley

Detu'eed that the s^ Rich Bentley be dischargetl from the charges of
the s* sute and that the s** Cornelius Lerry pay the s* costs as alsoe the
costs of this sute.

Robert Beasley sumoned to answer the ^jlaint of Stephen Manwaring
and y' s* Manwaring by Capt Walker his attorney humbly craveth that
y* s* Beasley may answer upon Oath to y' profe of an assumption of the
.sawing of live thousand five hundred foot of Planke for the use of the
s* Manwaring and y^ s'^ Beasley upon his subscription on penalty of
^jury saith that true it is that y^ s"* Beasley did agree to helpe to saw y"
Planke for his the .s* Beasleys own house but as to y^ sawing of planke
for the use of y' .s"* Manwaring he absolutely denys that ever any such
agreem' was made between them AMierefor

Decreed that the plaint be dismis.secl and y' y^ s"* Manwaring pay costs

The action between ^^'m Bonrnsby and Patrick Henley upon certifi-
cate of Bournsby's sickness referred to y' next Coiut of Chancery bv
consent.

The action between \Vm Bournsby and Jolm Mason upon certificate
of Bournsbys sickness is referred to the next Court of Chancerv bv con-
sent.

DANIEL AKEHURST THOMAS HARVEY

THOMAS POLLOCK BENJAMIN LAKAR

Ordered that y' Hon*''' Dan' Akehurst esq'' be requested and hereby
impowered to take ace' of w' Goods belonging to M"^ Robison and M'
Duncombe Bermuda Merchants are in y^ custody of M"^ John Philpott
and make delivery thereof to them y° s** Robison and Duncombe

THOMAS HARVEY
BENJAMIN LAKAR
FFRANCIS TOMES
THOMAS POLLOCK

438 COLONIAL RECOEDS.

November y" 30""
The court meet psiit The Hon''''' Thomas Harvey esq' Depty. Govern'
The Hon'*"' Dan' Akehurst iFrancis Tomes Benjamin Lakar Maj' Sam'
Swann Coll Thomas Pollock esq' L"*' Dep'^'^ M' Robert WalHs assistant
M' W" Duckeniield assis'

M' Stephen Manwaring craves a writt of alegit against y° estate of the
Wm Chapman upon a returne oi' a Capias ad satisfaciendum obtained at
the sute of the s'' Manwaring for the sumc of and non est in-

ventus returned

Ordered that a writt of alegit be directed to y' Marshall agst. y' Goods
and Chattells of y° s'' Chapman and one halfe'of all his lands and tenni"
wherever to be in this (iovermt found for the paym' of the s** debt

The Court haveing considered that noe rule hath hitherto been made
or laid downe for the ascertaining of y' composition to be made for such
lands as shall escheat to their Lordships y' Court hath thought fitt that
composition shall be two pence y' acre as at p'sent it is in Virginia and
that the escheators fee be five pound and y^ jury as by law in other cases
is appointed until their Lordships shall signifved their pleasure to the
(contrary.

Ordered the y" Attorney Gen"' fee l)e titty shills tor every Lidictm'
Ordered that a bond brought into Court by ('oil Thomas Pollock made
fi-oni John Goddard to M' John Boarland in New England being proved
by x" Oaths of Sam Woodard and Arthure \Vorkeman sworne before
Capt. John Hunt be Recorded

WILLm DUCKENFIELI) THOMAS HARVEY
ROBERT WALLLS DANIEL AKEHURST

THOMAS POLLOCK FFRANCIS TOMES

SAMUEL SWANN BENJAMIN LAKAR

COLONTilL RECORDS. 439

1695.

[B. P. R. O. CoLONiAi, Entry Book. Voi.: 100. Page 350.]

TO THE RIGHT HON"" THE LORDS COMMISSIONERS OF
HIS MAJESTIES TREASURY

PRESKNTMENT

HV THH COMMISSION KRS FOK MANAGING & CAUSING TO BE LEVYED

& COLLECTEr) HIS MAIESTIES CUSTOMES SUBSIDIES &C :

The Commissioners havinji' formerly acquainted their Lordships upon
tlie Complaint of most of the principall Merchants Trading to Virginia
and Maryland That the Trade is in a great Measure Destroyed & Ruinefl
by many Scotch shi]>s trading directly fi'oni thence back to the said
Places without paying his Majesties Duties. And prayed their Lordships
to become a means that a Vessell with a skilefull and experienced Com-
mander might be appointed to cruise on the Coasts of Virginia & Mary-
land and moreover that some elfectuall Remedy might be taken by wri-
ting to the Governm' of Scotland or otherwise as to his Majesty should
seem meet for j^reventing this great Evile tending to the Diminution of
iiis Majesties Revenue and the Trade and Navigation of this Kingdome
and M"^ Randolph who is employed by their Lordships as Surveyor Gen-
erall on the North Coast of America having since his arrival in England
laid before the Commissioners his observation made in his Travell from
one Colony to another with a list of severall ships which by his great
skill and industry have been discovered by him to have traded between
Scotland and the Plantations directly and some with false Cocquetz and
Certificats which lie hath likewise discovered and brought over being
now under the Commissioners Examinatic^n. They do humbly lay before
their Lordships a copy of the said M"" Randolph's Paper as a matter of
great moment. And the Commissioners being humbly apprehensive of
this growing mischief for that the trade between Scotland and the Plan-
tations is now about to be more openly carried on under Colour of a
law lately past in Scotland for a joint Stock to AflFrica & the Indies
wherein several! Mcrcliauts of England have interested themselves thev
humbly pray that the same may be duely considered according to the
Exigencie of so Important a case and laid before His Majesty in Coun-
cill in order to some eifectuall Remedy for suppressing such a Trade from
Scotland to the Plantations, tending so apparently to the Ruine of this

440 COLONIAL RECORDS.

Pi'iucipale Branch of the Revfiiue unci the violation ot" the Act;- ot" Trarle
<fe Navigation Avhich are the only ^<ecurity of the Plantation Trade to
and from this Kingdome

J. WARD ROBERT SOUTHWELL

WALTER YONGE SAMUELL CLERK

To the Hon*'' Commissioners of the Customes
May it please your Honours

\u niv Paper of Proposals to suppress the illegall trade in the Tobacco
Plantations which h;ive been carried on from thence directly to Scotland
for manv vears 1 iuive shewn from whence it has so generally prevailed
and laid down proper methods tor preventing thereof for the future a
copv whereof is hereunto annexed which \\ill be effectually remedyed
if thev was formed into an Act of Parliament to be passed this session
and Entituled An Act for preventing Frauds and regulating Abuses in
the Plantation Trade as is the Act of 14 Car 2°* for England. And
that the Commanders of His Magesties ships of Warr during their stay
in the Countiy may be ordered to receive Instructions from this Board in
what may concerne the care of the Trade and Navigation to and from
those Plantations and to the aiding and assisting of the Officers of His
Majesties Customes in the Execution of their Dntys.

r now lav before your Honours an Acc(iin]it of the j)resent State of"
His Majesties Colonies and Provinces upon tlic Xortli Coast of America,
in relation to a Scotch Act wliirh is lately jiast, in Mhich Act under pre-
tence of erecting an East India Company in that Kingdome They do (p'' 2*)
engage themselves with great sums of money in an American Trade a
trade whi<'h has already for severall years been carried on by Scotchmen
under pretence of being Persons born within the allegiance of His Maj-
esty as by the Act of. 12. Car: 2"* They claim liberty to do, and although
in the Act of the 14"" of the said King only English Irish and subjects
in the Plantations are to be accounted English, as to the navigating of
shipps, yet they take on them to come from Scotland under the notion of
Supra Cargos and Merchants and seldome faile of Counterfeit Masters.

In the 4"* page they have Liberty to Plant Colonies &c in or upon places
not inhabited by and p. o"* to make & conclude Treaties of Peace and
Commerce with the Governors and Proprietors paying only to His Maj-
esty out of Scotland the yearly acknowledgement of one h. h** of To-
bacco. And altho they ft)rbid all other Scotts then those of their Com-
pany to touch on any Plantations which they shall acquire on pains of
confiscation yet they allow all such Scotts to Trade in Tobacco & Sugar

COLONIAL RECORDS. 4il

else wiiere tliat i.s to .say aiiK)iig8t the Euglish) They paying for what
tliey so bring home such Duties as are now established in Scotland.

By all which it may be presumed how they project to let themselves
into the Trade of all his Majesties Plantations and tis probable they
meditate either the purchasing a settlement in one of the 3 lower Conn-
tys of Newcastle Kent or Sussex on the Southern Shore of Delaware
Bay as being no part or parcell of the land granted to M' Pen in his
Province of Pensilvania or in some one or more Islands nigh the Conti-
nent by which Expedient if acquired they might in a short time make
a staple not only of all sorts of European Manufactures but also of the
enumerated Plantation Commodities even as it is this day practiced with
great abuse at the Small Dutch Island of Carasaw.

Wherefore for prevention of so great a mischeife to England tis hum-
bly proposed

P' That the south part of Carolina and all the Bahama Islands be
put under His Majesties immediate authority

2""* That North Carolina be annexed and put under the care and inspec-
tion of his Majesties Governor of Virginia thereby to prevent the ship-
ping off the Merchantable Tobacco growing in the Southern part of the
Territorys by the Inletts of Corrituck and Roanoak

3. That the 3 lower Counties of New Castle Kent and Sussex afore-
said lying upon the southern shore of Dela^v•are Bay be annexed to his
Majesties Government in Maryland which will likewise prevent the ship-
ping of the Merchantable Tobacco growing at the Head of Chesepeek bay
near Bohemia and Sassafras Rivers into A])pa(jnimine River in Delaware
Bay as also the importing European Goods by that passage to Maryland
both which Evills have been but too much practiced.

4. That the Province of West Jersey be annexed to the Government
of the Province of Pensilvania and an active Governor there appointed
such a one as is qualified to uphold the Act of Trade for as things now
hang the charge to mainteyn able Officers on both sides the Bay from
Bredlington in West Jersey to Hosekell in Sussex County nigli Cape
Len Lopen with men and boats &c : will not be defrayed for 800ft) a
year for the Trade of that River being now carried on by Scotch men and
Privateers Inhabitants in Pensilvania East and West Jersey which ly
between Maryland and New York (in the very center of Trade and bus-
iness) all is exposed and lys open to Traders from all places and can not
Ije secured but by a great charge or very Regular Government :

5. That the Province of East Jersey be annexed to his Majesties
Government in the Province of New York as it hath been formerly and

• 62 ■ ■ ' - .

442 COLONIAL RECORDS.

in like raannei- tlie Colony of Conecticut for this would wholy prevent
the Great Importation of European Goods too frequently made even by
countenance of those two Colonys.

6. That the Collonies of Rhode Island now under no regular Govern-
ment be as formerly joyned to his Majesties Government in the Province
of the Massachusetts Bay in Xew England.

7. That no Projection Planter or other person whatsoever presume to
alien or transfer any Island Plantation &c : to any Scotch Agent Factor
or other Forreiguer whatsoever under the Penalty of High Treason the
whole Tract from 32 to 44 being his Majesties Dominion and annexed to
the Crown of England.

But foras much as severall of the Plantations hereunder mentioned
have Proprietors and Owners by Letters Pattents and some small col(.>-
nies are established by Charters where the Persons concerned may not
apprehend the danger that is threutened by the new law in Scotland and
so refuse to conforme to what in that consideration only is hereby hum-
bly proposed as to the annexing Governments yet in point of security to
England all the Benefitts of the Plantations Trade to \\^hich by law tliey
stand bound I think where any shall refuse in this time of danger to
accept his Majesties Governnien' they slioidd be obliged both to accept
and mainteyn such officers as may be nceilful to preserve the Trade to
England and the Deputys to his Majesty

All which is humbly submitted by

ED: RANDOLPH S. G.

December 7"" 1695.

AT Y" GEN«" COURT HOLDEN AT Y» HOUSE OF THOMAS
WHITE Y= 25"' DAY OF FFEBRUARY A- D- 1694[5]

Pres°' y" Hon"^ Thomas Harvey esq^ Dep'^ Gov" The Hon"' Dan'
Akehurst esq' Benjamin Lakar esq'' ft'rancis Tomes esq"" Coll Thomas
Pollock L'*' Deputys Capt Antliony Dawson assistant And Sam' Swann
esq"" L* Deputy

John Wilson acknowledgeth his assignm' of a warrant of Rights to
Wm Duckenfield esq"" and Margret his wife relinquisheth her right of
Dower

Anne Ward peticons for administracon of y^ Goods and Chattells of
ffrancis Ward her dec* husband

Order'' y* Comission of administracon of y' Goods and Chattells of
ffrancis Ward dec'^ be granted to Anne Ward Wid & rel"' of y* s* ffrancis

COLONIAL RECORDS. 443

Ward Slice giving security aecortling to law: and Wfn Bray and Jn"
Dan acknowledge and Ingage in behalf of y' s'' An Wai"d to he security
foi- the true administraeon of y" s"" estate.

And Henry Palin Jn° Ward Jn" Cilfoi-d and Cornelius Lerry or any
three of y"' arc appointed apprisers of y' s'" estate and M"' Wnl Ceilings
or M'' Jn° Hawkins to administer to y* s'' Apprisers their oath for their
true apprisement and y*" Inventory to be returned to y' next Gen*" Court

Wm Duckenlield esq'' acknowledgeth his letter of Attorney to Jn"
Northcoate. Ordered y' y" same be recorded.

Letter of Attorney from Robert Kitching to tfrances his wife proved
by y' Oaths of Thui-loe tfee and Michael Lincli

ffrances Kitching wife and Attorney of Robert Kitehing confessetli
Judgm* to ffrancis Tomes esq"' Attorney of Emanuel I.,ow and Anne his
wife for y' sume of five jDounds and three pence

Ordered y' y'' s"* Robert Kitching pay unto y" s* ffrancis Tomes Attor-
ney of Emanuel Low and Anne his wife y* sum of five pounds and
three pence according to specialty als Execution

A Will of Jonathan Bateman proved by y* evidence And ordered to
be recorded

And Elizabeth Bateman Widdow and ReP of y° s* Jonathan Bateman
declining her legacy given in the s* Will and craving to have her thirds
of her deceased husbands estatate. Ordered y' the said Elizabeth Bateman
have her thirds of her s"* husbands estate and y° remain to be divided
among y^ rest of the Legatees and that administraeon w"" y* Will anexed
to be granted to y° Executor appointed in y" s'^ Will and y* Jn° Whitby
Tho. Durant ifrancis fibster and M'' Joseph Sutton or any three of y"
apprise y* sd estate and that M' Jn° Durant or M"" Ralfe fflecher admin-
ister to y" s^ apprisors their Oathes and ace' of y° s* estate to be given to
y* next Gen°" Court And Jno. Lilly and Thomas Hassold have under-
taken for y* s** Executor for the true "^formance hei'of

Jacob Overman proves his right to four hundred acres of land by y'
importacon of Jacob Overman Dorathy Overman Jacob Overman jun'
Tho Overman Ephrim Overman Margery Overman Charles Ovei-man
and Anne Overman ct War' Given

Thnrloe fi*ee sumoned to render ace' of what estate of or belonging tt»
Jn° Toomy was in his custody it being attaclied at y' sute of Thomas
White and Diana his wife and y* s'^ Thnrloe H'ee came and upon y" holy
P^vangelists sath that at y' time of tlie serving of the s** attachm' there
\vas in his hands or custody noe estate of or belonging to v* said Jn"
Toomv

444 COLONIAL RECORDS.

Ordered y» y' sute be dismi,<sed and y* y' s'' Tlionia.< White and Diana
his wife pay costs of sute.

Robert Kitching arrested to answer y^ sute of Thomas White and
Diana his wife in a plea of y" ease aud y' s* Tliomas White came and
saith y' y" s* Robert Kitcliing- is Indebted to y° plaintifs by ace' contracted
w"" y" s* Diana whilest shee was sole the sume of forty five sliillings and
nine pence half peny. And ffrances wife and Attorney of y'' s** Robert
Kitching came and confesseth Judgem* for y" s* sume

Ordered y' y' said Robert Kitching pay unto y° s'* Thomas White and
Diana his wife y* sume of forty live shillings and nine pence w"" costs
als Execn.

Robert Kitching and ffrances his wife Executors in their owne wrong
of y' estate of Jn° Spencer dec* arrested to answer y" plaint of Thomas
White and Diana his wife in a plea of V" case and y° said Tiiomas White
came and saith y* y° said Jn° Spencer is indebted to y" plaintif by ace'
contracted w"" y* said Diana whilest she was sole y' sume sixty three
shillings and one peny And ffrances Kitching one of y* defend" came
and produceth in C" an ace' ag" Jn" Harris Copartner w'*" the s"* Diana
in Ballanee of y* s** Ace'

Ordered that y' sute be dismissed with costs of sute

Isaac Gilford by his peticon sheweth y' Jn° Philpott was Justly in-
debted unto y^ Peticouer by agreeni' for service done by y' said Gilford
the of forty shillings

Ordered y' Isaac Gilford have one cow and calfe and one y'earling
delivered to him by the Provost Marshall or whom he shall appoint out
of the estate of y" s^ Philpott for satisfaction of y' debt of forty shill-
ings aforesaid

The Court adjourned till Tuisday y" 26'" of this Instant ffeb.

ffeb y» 26
The Court meet Pre"" The Hon*'"' Thomas Harvey esq' Dep''' Govern'
y^ Hon"" Dan' Akehurst esq' Benj LaKar esci' ffraucis Tomes esq' Maj'
Sam' Swann Col Tho. Pollock L** Deputy' Cap' Antony Dawson As-
sitant

Upon peticon of Mary Philpot craving that some Apparel that are in
v' Custody of y" Marshall should be delivered to her

Ordered that the ^Marshall deliver to Mary Pliilpott w' Apparel be-
longing to her are in his custody and her choice of three sows w"" piggs
altering y' marks

COLONIAL RECORDS. 44.-)

>ni

Upon petir-on ofJn" Robisou Meroh' praying to bo discharged fn
and Adminsitraron coniitted to him of y' estate of Jii° Pliilpott dec'' and
lie renders liis arc' soe tiir as he hath a(hninistered AMiereby he is In-
debted to y' estate of y' s*^ .In" Philpott y^ snnie of seven shillings and
six pence y° said Jn" Robison being a Merch' stranger and necessitated to
depart out of y"^ jirovince And y'' Hon''''' Dan' Akehurst esq' Attorney
of Nathaniel Dnnsconi in behalfe of y' s** Dunscora prayeth adniinistra-
con of estate of y" s** Jn° Phil])ot not administered upon as being v'
greatest creditor to the said estate And assumeth in behalfe of y' saiil
Nathan' Dunsconi to answer all actions comences ag'' y' s'' Jn° Robison
as administrator to y" s* estate and all other claimes so tar as y' said
Rol)ison was obliged to doe. Ordered y* y" administracon of y' Estate
of .In" Philpot dec'' not administred upon be conmiitted to v' s"* Nathaniel
Dunscom and y' said Dan' Akehurst undertakes in behalfe of y' said
Nathan' Dunsconi for y' true performance thereof.

Jn" Tooray arrested to answer y' plaint of Robert Moline in a plea of
y° case and y" said Robert Moline came and saith that Wheras Thomas
King was justly Indebted to y" Plaintif y' sume of ten pounds by Bill
ace' y' said Jn" Toomy of y' premises not ignorant but w"" Intent y'
Plaintif to defraud clandestinly hath conveyed y' s'' King out of this
County that he y" said King is escaped and gone to places to y" plaintif
unknowne whereby he is deprived of all just means of recovering his s**
debt and is Damnified y' sum of fifteen pounds. And y' s* Jn° Toomy
came and by his Attorney M"^ Richard Plater defendeth y' Injury and
saith that he y' said Jn" Toomy hath not conveyed out of this County as
y' plaintif hath aleged and of this he casteth himself upon the Country
and y' said Moline like wise Wherefore y' Marshall is required y' he
cause to come here twelve true and lawfull men of y' vicinage and who
to neither of the parties are any ways related by whom the truth of the
matter may be tryed who Impanelled and sworne viz.

Evidence for y^ plantife
Thurloe tfee & W^ui. Col-
lino-s Charle Neal

M'' Rich Plater Attor:
for defend'

Thomas Miller foreman John Lilly
Thomas Nichols, Arthure Carletoii
Christopher Butler Jacob Overman
Ifrancis Hendrick, AV"" Bray,
Jn° Wilson, W" Collings "
Jn" Dan Thurloe ffee.
Say upon their oatli We fiiide noe cause of Action.
Ordered y' y' sute be dismissed and y' y' said liobert Molim^ pas-
costs of sute als Hlxecution.

Richard Pope arrested to answer y' sute of Lawrence Mageo and
Mary his wife Guardians of Win Battle son and heir of John Battle
dec* in a plea of trespas of y' case And y' Plantf by their Attor" M'

446 COLONIAL RECORDS.

Andrew Ros saith y' y° s'^ Riohard Pope in or about y* year 1691 into
one plantation and two hundred and twenty seven acre? of" land to y'
said W"" Battle belonging lying and being in Pascotauek pV in Xewbe-
gun Creeke uidawfully hath enteri'd and the said W" Battle hath des-
seized and many Injury.s thereon hath done and still doth Coniit to y'
damage of y" s"* W" Battle one hundred j)()unds And y^ said Rieh Pope
by JSP Jn" Porter his Attorney Deiends y* Injury and saitli y' y' said
land is not y" land of y" said Win Battle as y" Phnnt*'* have alegetl and
in this he eastetli hiniselfe uj^on y" Country and y" Plaintifs likewise.
Wherefore y" Marshall is re<|uired to cause to come here twelve true and
lawfull men of y" vicinage and who to neither party are related by whom
y" truth of y" matter may be known who Impanelled and sworne. viz
Evidence for ))laintf ( M"" Caleb (Jalloway Jn" Mason M"' Jn"

Jn° Lilly I Godfrey, Hanaball Haskins Jn" Hal-

ford. Tho. Durant, W" Gaskin Esaw
I Albertson Rober Moline Win Man-
^sell Jn° Willoughby Tho Miller

Say upon their oath we iinde for y' Plaintif the lands he declares for
w'^ cost of sute.

And y* said Richard Pope craves y' all further Proceedings at Comon
Law be stayed untill a full hearing thereof be had in y^ Hon*" Court of
Chancery

Ordered y' y' proceedings in y' said action be sto])ed as atibresaid y° s"*
Richard Pope giving security to prosecute his appeal Et retraxit.

Willm Steel arrested to Answer y° Plaint of Thomas White and
Diana his wife in a plea of y* case. And y" said Thomas White came and
saith that y" said Win Steel is Indebted to y° Plaintf by ace* contracted
w**" y° s** Diana whilest she was sole y* sume of four pounds fifteen shil-
lings and ten pence And y* said W" Steel came not

Ordered y' y° Marshall have here y" Body of y" s** W" Steel y" first
dav of the next Gen°" Court to answer y° Premises, als Judgem' to be
confirmed agst. y' Marshall.

Natlian' Lawson arrested to answer y' sute of Thomas White and
Diana his wife in a plea of the case and y' said White came and saith
that the said Nathaniel Lawsou is by ace' contracted w"" y' s'' Diana
whilest shee was sole is indebted to the Plaintif y'^ sume of three pounds
seventeen shillings and nine pence. And y' s** Lawson came and saith
that since ye date of y* s* ace* he y' s'^ Nathaniel Lawson accounted w""
Jn" Harris Copartner w"" y" s"* Diana one of y" Plaintifs and passed his
bill to the s'' Jn" Harris for y' true ballanee of their ace* And y° Bill be-
ing produced bv w"*" it appeareth y' y' said l)ill bearetli date after y° s'*

COLONIAL RECORDS. 447

aoc' Ordered y' the sute be di^^uiissed and y' y" said Thomas White anei
Diana his wife pay costs of sate.

Upon y° Peticon of Elizabeth y° wife of Wfn Bartlif Robert Molin
and Prudence Halluni sworne Evidences for y^ s*^ Wm Bartlif in his
complaint vers James Mills. ^Mlereby Itt appeareth that y" said Mills
had made an agi-eem' w"" y° s* Wm Bartlife for y° s* Bartlif's freedom

Ordered y' y° s* W"° Bartlif be free from all service to y° s* James
Mills and y' y^ said James Mills be left to his remidy at law ag^* y^ said
Wm Bartlif for y° '^formance of y^ said agreem'

Upon y" Peticon of Jijnathau Bateman administrator w"' y" will anexed
of y" Goods and chattells of Jonathan Bateman dec'' praying to have y'
keyes belonging to y" s'' Estate delivered to him

Ordered y' Elizabeth Wid and relict of the said Jonathan Bateman
dec* deliver to Jonathan Bateman in y* capacity afores* whatsoever to him
belongeth as administrator av"' y" will anexed of his s"" dec** father's estate.

Patrick Henley and Sarah his wife Executrix of y'' last Will and tes-
tam' of Jn" Culpeper <lec'' aresf* to ans\\ei' M"' Rich. Plater Attorney of
Col Sam' Shrimpton of New England in a plea of Debt. And y° said
Rich Plater came and saith y* y^ defend*' are justly indebted to y* Plaintf
qualifyed as is afores"* y" sum of seventy three pounds fifteen shillings
and three pence by Bill and y" s* Pa. Henley came and defends y'^ sute
and craves Over of y" said Bill w"*" being read specifying y'' said suiii
iiaveing a seal annexed and -iigned w*"" y^ name of Jn° Culpeper Dated y°
2-t"' day of Septimber Ano Dni KiT.S the s^ Patr. Henley })leads Non est
factum and casteth iumselfe upon the Country and y' s'' Plater alsoe
Wherefore y" Marshall is comanded to cause to come twelve trne and
lawfull men of y" vicinage and who to neither of y" partys are related
who Impanelled and sworne viz AP Tho Miller fibreman

•In" Lilly Tho. Nichols, Arthure
Carleton Christopher Butler
Jacob Overman, ttrancis
Heudrick, Wm Bray, Thurloe
ffee, Wm Collings John Dan
Jn" Wilson
Say upon their oath We of y° Jury finde noe cause of Action

Ordered y' y° sute be dismissed and y' y° s* Richard Plater pay costs
of sute als Execution

M' Nicholas Crisp prayeth y' y° administracon of y" Goods and Chat-
tells of Robert Jones dec'' may be comitted to him as greatest creditor to
y° s'' estate Noe one appearing in behall'e of y" s"" Robert Jones

448 COLONIAL RECORDS.

Ordered y' y' admiiii&tracou of y' Goods and Chattells of Robert
Jones dec** be comitted to M' Nicholas Crisp, and M"" Thomas Blount &
M'' Christopher Butler undertake on behalfe of y° s"* Nicholas Crisp for
y° Performance thereof. Jame ffarloe Lewis Williams Wm Luerton Jn"
Ballerd or any three of them are appointed apprisers of y" s* estate to
be sworne before befor M"' Thomas Luten

Charles Taylor acknowledgeth his deed of sale of one hundred thirty
two acres of land lying on little river in Pequimons p'et to Jacob Over-
man

Mary Philpot \\'iddow uckuowledgeth her assignem' of a l)ill of sale
of one hundred acres of land lyiug in y' tforke of fflemins Creek and
Wm Bray

Upon Peticou of Coll Thomas Pollock Attorney of Coll Jn" I^ear

Ordered y' y° s'* Thomas Pollock have liberty t<^) ship: of What porke
is in his custody belonging to y* s** Coll Jn° Lear as Marying y° Widdow
& Exectrix of y' Hon"" Seth Sothell Escf dec"

Thomas Twiddy arrested to answer y" sutc of Thomas M'hite and
Diana his wife in a plea of y' case and y^ s** White came to prosecute his
sute And the s"* Thomas Twiddy came not.

Ordered y' y° INIarshall have here the Body of the said Thomas
Twiddy y" first day of the next Gen''" Court to answer y" said Plaint als
Jud^em' to be cuiitirmed ag't y^ Marshall

Jacol) Devilliard arrested to answer y" sute of Tho : W'iiite in a plea
of Debt and y' said Jacob Devilliard came not. And y" s-aid Tho:
White craves Judgem' ag" y" Marshall Ordered y' y^ Marshall have
here v' Bodv the said Jacob Devilliard to answer y' Plaint of Thomas
White v'^ first dav of next Gen'^" Court als .fudgem' to be confirmed
against the Marshall

I'pon y" Peticou of Hon*" Thomas Harvey esq' Oi'derd y' ^^'m y" son
of Timothy Pead late of the County of Albemarle Dec* being left desti-
tute be bound unto y* s* Thomas Harvey esq'' and Sarah his wife untill
he be at y* age of twenty one years and the saitl Thomas Harvey to teach
him to read

The Court ailjourned till y° Morrow morning seven of y' Clock

fFel">ruary y° 27
The Court Meet and Present The Honer'''' Thomas Harvey Esq'' dep
Govern'' Hon*" Dan' Akehurst, Benjamin Lakar ffrancis Tomes Maj'^
Sam' Swann Cdll Tho. Pollock Esq'' I/' Deputys Cap' Anthony Dawson
Assistant

COLONIAL KECOliDS. 441)

Upun Peticon of Thomas Twiddy Ordered that Administracon of y"
Goods and Chattells of Tlioraas Wingod dec* be comltted to y* said Thomas
Twiddy And Jn° Northcoat Wui Godfrey fPrancis Penrice Albert Al-
bertson junr are appointed apprisers of y'' s'^ estate to be sworne before
M' Ju° Godfrey And Hauaball Haskins and Robert Moline undertake
on belialfe of y' said Thomas Twiddy f(jr y° true p'formance thereof.

Robert Moline arrested to answer y° siite of Thomas White and Diana
his wife in a plea of y' case and y^ s"* Thomas White cometh and saith
that y" said Robeil Moline is Indebted to y° Plaintif by his ace' con-
tracted w"^ y* said Diana Whilest shee was sole y' sum of four pounds
seven shillings and one penny and he produceth his account And y^ said
Robert Moline cometh and produceth an Account in ballance of y' ace'
brought against him by y' said Thomas White by w""" it appeares that
there is due to y* said Thomas White and Diana his wife y° sum of
twelve shillings And y^ said Moline upon his Oath further saith that
upon demand made by y" said Thomas White he the said Robert Moline
tendered his ace' w"" paym' of y' Ballance.

Ordered y' y° sute be dismissed and y' the s* Thomas White and
Diana his wife pay costs of sute ali° Execution

Robert Moline arrested to answer y° sute of Thomas White and Diana
his wife in a plea of y* case And y" said Thomas White came and saith
that the said Robert Moline is Indebted to y" Plaintifs y° sum of thirty-
six shillings by bill passed to y' said Diana one of y* Plaintifs Whilst
shee was sole upon y° ace' of Thomas King and further saith that y"
said Robert Moline did assume and Promis to pay upon y* ace' of y' said
Thomas King w' further ace' y° said Thomas King should contract
And y° said Robert Moline cometh and saith as to y" Bill for thirty six
shillings he confesseth to be due to y* Plaintif and to y'' assumption
afores* in behalf of the s** Thomas King the said Robert Moline saith
that he hath not assumed as is aleged And y^ said Thomas White saith
that concerning y^ assumption of y'' s* ace' he will noe further proceed

Ordered y' the said Robert Moline pay unto y" the said Thomas White
and Diana his wife the sum of thirty six shillings in porke alias Execu-
tion.

John King arrested to answer Patrick Bayly in a plea of Debt and
y^ said Patrick Bayly came and saith y' y° sd John is justly Indebted to
y^ Plaintif y' sume of thirty pounds ten shillings and five pence in
porke by bill And y° said Jn° King cometh and confesseth Judgem' for
the same Ordered y' the said Jn° King pay unto y^ s* Patrick Bayley
y* sum of thirty pounds ten shills and five pence in porke ali' Execu-
tion 53

450 COLONIAL RECORDS.

Thomas White and Diana his will- brings their action ag*' David
Blake in a plea of y° case and y* Marshall is required to arrest the said
David Blake to answer y' said. Plaint and y" Marshall maketh returne
yt yB gd j)ayif| Blake is not to be found

Ordered y' Attachment be given against y* estate of y* said David
Blake and returne to be made to y^ Next Gen'" Court.

M' Patrick Bayley acknowledgeth his deed of sale of a tract of land
unto Jn° King

Richard Plater arrested to answer y' sute of Thomas White and
Diana his wife in a plea of the Case and y' s** Richard Plater cometh not

Ordered y' y" Marshall liave here y" Body of y* said Richard Plater
y* first day of y* next Gen°" Court to answer y° said Plaint Alias Judge-
ment to be confirmed ag'' y^ Marshall

Thomas White arrested to answer y* sute of M' Edw : Mayo in a plea
of Debt and y' said Thomas White cometh and saith that noe declara-
tion of the said action hath been delivered to him as by law is provideth
and thereupon cravetli a nonsute.

Ordered that y* action ifall and y' said Edw. Mayo pay costs of sute
ali* Execution.

Thomas White arrested to answer y° sute of Thomas Hassold in a plea
of Debt and y° said Thomas White came and saith that y° declaration
delivered to him by y' s* Hassold is not signed by the Plaintif nor by
y° Clerk according to rule and therupon he craveth a nonsute

Ordered that y" sute tfall and y' y" said Tho. Hassold pay costs als
Execution

Thomas Hassold arrested to answer y* sute of tfrancis tfbster in a plea
of Debt and y^ said ftrancis tfoster came not.

Ordered y' y° sute be dismissed aud y' the said tfrancis tfoster ' pay costs
of sute ali' Execut"

The Estate of Henry carpenter attached to answer y° plaint of John
Tweggar and y^ s** Jn" Tweggar came not

Ordered y' y° said sute ffall and that the said Jn" Tweggar pay costs
of sute.

A letter of Attorney from Nathaniel Dmiscom to y" Hon*' Dan' Ake-
hurst esq"" proved by y^ oath of Mary Jenings Ord. to be recorded

A Letter of Attorney from Barbary ^Nlidleton to Patrick Henley
proved by y^ Oaths of Richard Pope and y" Hon"*"' Dan' Akehurst esq"^

A Nancup' Will of Mrs Anne Durant proved by the oath of Jn°
Clapper and Elinor Moline

Ordered that a Probat of y^ s"* Will be granted to Thomas Durant who
is appointed Executor of y* said Will

COLONIAL RECORDS. 451

Ordered y' Jn° Halford be appointed appriser of y^ estate of M' Geo
Durant instead of Jonathan Bateman dee'^ to be sworne befor Jn° God-
frey or Wm Duckenfield esq''

Wm Currey proves by his oath an acet ag^' the estate of George Du-
rant and appointeth Thomas Tweddy his Attorney

The Court adjourned.

March y" ffirst

The Court meet Presn. The Hon"''' Tho. Harvey escf Dep Govern''
The Hon'" Dan' Akehurst Benj Lakar tfrancis Tomes Maj" Sam' Swann
Col Tho: Pollock esq'' Tx? Deputys Cap' Anthony Dawson IVP Wm
Duckenfield assistants

M"" Duckenfield \ Patrick Henley and Sarah his

riseth J wife Executrix of y" last Will

and testara' of M' John Culpeper dec*

Arrested to answer y* sute of Wm Duckenfield and Susanah his wife
Executrix of y'' last Will and testam' of C-oU fl^rancis Heartly And y'
said AVm Duckenfield cometh by Hanaball Haskins his Attorney and
saith y' y" said Patrick Henley and Sarah his wife is indebted to y*^ Plan'
by ace' contracted by y' said Jn" Culpeper in his life time w"' y* s* fPran-
cis Heartly in his life time y" sum of Eleven pounds seveuteen shillings
five pence half peny and y° said Patrick Henley craves Oyer of y° s* ace'
w"*" being read bearing date Ano 1689-90 y' said Henley saith that after
y* date of y' said ace' viz. Ano 1690-91 y' said Jn" Ctdpeper had from
y' s* ffrancis Heartly a full discharge from all former ace'' w*'*' by y° said
discharge produced in Court he Tuaketh appear

Ordered y' y* sute be dismissed and y' y' said Wm Duckenfield and
Susanah his wife pay costs aP Execution

And y' s* Patrick Henley prayeth his said discharge from y' s** tfran-
cis Heartley to be recorded

Jn° Robison Adra''' of y* Goods and chattells of Jn° Philpot arrested
to answer Rich Cragge in a plea of Debt and y' said Richard Cragge
cometh and saith y' y^ said John Philpot by bill under his hand is bound
unto y° Plaint, in y' sume of four pounds ten shillings in porke w"'' he
proves by y' Oatlies of Mathew Kelly and Wm Plater. And y'' Hon"'''
Dan' Akehurst esq'' attor of Nathaniel Dunscom to whom y" adiution of
y* said John Philpotts estate not administered upon is comitted accord-
ing to his assumption in that case made in behalfe of y° s* Dunscom ap-
pears and haveing not to say in defence

Ordered that paym' of y* sume of four pounds ten shillings in porke
w"" costs be made to the said Richard Cragge out of the estate of y* said
Jn° Philpott

452 COLONIAL RECORDS.

M'' Andrew Ros Jn° Stepney Tlio. Lejtper An : Norman Coll Wm ^Vil-
kison Cap' Henderson Walker and Anthony Dawson their affidavits
taken for Maj' Alexander Lillington defend in an action of trespas of
the case brought ag" him by M' Caleb Calaway and M' Jn° Barrows
Guardians of Jn° Hencock son and heir of Stephen Hencock dec''

Adiuinistracon of y* estate of Richard Stibell Ordered to be comitted
to James Ward and Hanah his wife relict of y* s'^ Richard Stibell being
nearest of kin

James ffisher, W' Charleton Thomas Clarke and W" Bretbell or any
three of them being sworne before M'' Jn" Porter jun' are appointed to
apprise the same

And Christopher Butler and Jn° ifoster assume and undertake in be-
half of y° s^ Wai'd in y" sume of one hundred pounds for y' p'formance

The Administrac(jn of y' estate of Timothy Pead dec* ordered to be
comitted to Maj' Alexand' Lillington as greatest creditor who proves by
his oath y' y° s'^ Pead oweth him by ace' y" sume of four pounds five
shillings and ten pence halfepeny

Edw. Wilson Jn° Spelman Jn° Cheston and Richard DavMiport or
any three of them being sworne before ISP Jn° Barrow to apprise the same.
And Mr. Rich. Pope on behalfe of y^ said Alexander Lillington under-
taketh in y° penall sum of forty pounds for the true '^formance thereof

M' Jn" Porter jun' Dan' Akehurst Esq"" & ffrancis Tomes esq' sworne
to prove y° said tfrancis Tomes ace' ag"' y" estate of Seth Sothell Esq'

Ordered y' Thomas White pay unto Esaw Albertson being evidence
for White vers Bishop and Sudell y" sum of five shillings and ten pence

Caleb Callaway and Jn° Barrow Guardians of Jn° Hencock son and
heir of Stephen Hencock dec"* versus Maj'' Alexander Lillington in a
plea of trespas of y" case referred to y^ first day of the next Gen'" Court
by consent of both partys.

Coll Thomas Pollock enters his peticou ag"' the estate of Thomas
Hawkins Dec* for y° sume of ten pounds four shillings in skins to be
paid at y' "S'irginia rate and prayeth y' upon y' neglect of y° nearest of
kin he may have administracon of his estate

Patrick Henley and Sarah his wife Executrix of the last will and tes-
tara' of Jn" Culpeper doc* arrested to answer y' sute of Cap' Jn° Hunt
Attorney of Anthony Brockhos of New Yorke in a plea of the case and
y' s* Jn° Hunt saith y' y° said Jn" Culpeper hath received by order of
Thomas Clancy upon y' ace' of y' said Anthony Brockhos and
James Larkin certain goods to y* value of forty five pounds Eighteen
shills and six pence and y* said Patrick Henley saith that y' goods he
hath received as is aleged and his reasonable ace' thereof he is ready to

COLONIAL RECORDS. 45:^

render but y° s* Jn° Huut haveing noe authority from y* said James
Larkin to whom parte of the s** Goods did belong lie cannot answer the
said sute

Ordered that y" sute fall and that the said Jn° Hunt pay costs of sute

Charles Jones versus Richard Atkins Executor of the last will and
testam' of James Johnson returned Non est Inventus and y° said Charles
Jones came not Order* y' y* sute be dismissed w*"* costs of sute.

Jn° Clapper by Warr' from y" Grand Councell is brought before this
Court to answer a complaint Exhibited ag^' him for his Misbehavioui-
and abusive language Especiall}' ag" y" Hon''''' Thomas Harvey esq" Dep
Govern" etc of this Province etc :

Ordered y' y° s* Jn" Clapper shall publickly upon his knees crave y*"
Hon°" Deputy Governors Pardon and give bond for his good abearing
and appearance at y'' Next Gen°" Court.

Coll Wm Wilkison craveth that a Caveat be entered on his behalfe
ag'' y° estate of Thomas Hawkins dec*

Maj" Sam' Swann surveyor of this jJrovince brings his sute against
Benjamin Lakar Esq" for and that y* said Benjamin Lakar refuseth to
render y' sum of three pounds two shillings w"'' is by statute due to y"
said Sam' Swann from y" said Benjamin Lakar viz forty shillings for
surveying of one tract of land conteining five hundred thirty eight aci'es
and twenty two shillings for surveying four hundred acres belonging to
y' said Benjamin Lakar being parte of a tract of land containing fifteen
hundred acres surveyed by y" said Sam' Swann to y' end that he might
lay out to every one of y° said possessors of the said tract of fifteen hun-
dred acres their just pai-ts And y" said Benjamin Lakar saith upon his
oath that he never heard Maj" Swann nor any other '^son holding land
w"'in the said tract of fifteen hundred aci-es'say y' y'' surveyor could not
lay out to every one his just parte w**'out danger of doeing Injury to
some of them Except he first surveyed the whole tract

Ordered y' y'^ sute be dismissed and the said Sam' Swann to pay costs

Upon y' Peticon of W"" Duckenfield escj"

Ordered y' the said Wm Duckenfield have liberty to survev and have
patent for a tract of land containing one hundred and eighty acres for-
merly belonging to John Tarkinton called Tarkintons quarter and by
y° said Tarkintons conviction of felony forfeited to y° L*' Proprietors

Andrew Ros Attorney of Lawrence Mageo and Mary his wife Guard-
dians of Wm Battle son and heir of Jn° Battle acknowledgeth his deed
of Sale to Rich Pope.

454 COLONIAL RECOEDS.

Upon complaint of Coll Thomas Pollock Attorney Coll Jn° Lear.
Ordered that noe "^son hunt or kill any unmarked Cattle in the neck of
land lying upon Cuscopannock River East of y° great swamp that
divides between that and the Tnhaliitants of South Lancaster

thomas harvey
danij:l akehurst
ffrancis tomes
benjamin lakar

RECORDS OF f'Ol'RT OF CHANCERY.

1694-5 At y* Court of C'hancery holden at y' house of Thomas ^\'!iite
y» 28* of flPebruary

Pres"' y^ Hon"'''" Thomas Harvey escf The Hon''" Dan' Akehurst Esq"
Benj. Ijakar Ifraucis Tomes ^Major Sam' Swann Co" Thomas Pollock
I/' Deputy s Cap' Anthony Dawson M'' W" Ducken field Assistants

M" Patrick Henley sumoned to answer y* plaint of Win Bournsby
and v" said Wm Bournsby sheweth that Wheras y" said Patrick Henley
liad Recovered at Comon Law ag" y" Complain' y' sum of ten pounds
w"" costs on v" ace' of some Cattle of y" said Patrick Henleys aleged to be
detained by y" said Wm Bournsby y" said M'" Bournsby saith y' the s"*
Cattle was indeed had by y" s* Henley and by him disposed of and
craves that hereof y" s* Patrick Henley may be examined upon his Oath
concerning the premises And y' s* Patrick Henley ujjon his oath saith
that he had not killed t)r any wayes disposed of the three Kowes for w'^
he brought his action at Comon Law ag" y" s^ ^^""' Bournsby and upon
w"'' the recovery of y" said ten pounds was had

Decreed y' the said Wm Bournsby pay unto the said Patrick Henley
v" sum of ten pounds recovered at Comon I^aw w"" all costs of sute.

Jn° Mason sumoned to answer y" sute of Win Bournsby and y" s* Ma-
son came and saith y' the said Win Bournsby brought his sute ag^' y" s''
Jn° iSIason at the p''cinct Court of Pa(>otanck for and concerning the sale
of one halfe of a vessell called y" John and Sarali in w"*" sute y" said Win
Boiu'nsby recovered ag^' y* said Mason y" sum of twenty pounds from
which judgera' y" s* Mason appealed to y" Geu"" Court holden for this
Province in September last and y° said Wiii Bournsby to avoid the hear-
ing of the matter in y" Gen"" Court by an Injunction removed y" sute
unto y" Court of Chancery at w"^ Court y" s* Mason being come now
saith that the s'' WiTi Bournsby hath not filed his bill in Chancery in-
tending to lett his sute fall haveing by such indirect meanes disappointed
y" said Mason of his appeal to y" Gen"" Court

COLONIAL RECORDS. 455

Decreed y* the onler of y'' Prer' (A)Lirt obteiued against y" .said JNIasuii
be reversed and made void and y' sute in Chancery be dismissed and y*
said WiTi Bournsby pay all Costs.

Patrick Henley and Sarah his wife Execntrix of y' last M'ill and tes-
tament of Jn° Culpeper dec"^ snmoned to answer y° sute of Wm Diicken-
field Esq' and y* said Wm Duckenfield saith that there is due to him
from y" defend" y° sum of five pounds seven shillings for soe much
money paid by the said W" Duckenfield unto Henry Gawler in Vir-
ginia on y' ace* of y' said Jn" Culpeper in his life time for w""" y' s* Jn"
Culpeper assumed paym' of y" said sum unto the said AV" Duckenfield
And v^ said Patrick Henley cometh and confesseth the same to be due as
is aleged and assumcth paym* of y' sanie in Wheat at the next insueing
crop and y° said Wffi Duckenfield is content to receive y' s^ sum in that
specie.

Decreed y' the s* Patrick Henley and Sarah his wife pay unto y' s*
W" Duckenfield the sum of five pounds and seven shillings in Wheat
ali' Execution.

Jn° Hopkins sumoned to answer y" sute of Christopher Butler and y*
said Jn" Hopkins came and saith that whereas he y" said Hopkins had at
y° last Gene" Court obteined judgm' ag'* severall Goods belonging to Wm
Sprag for y" satisfying (jf a debt due from y° said Wm Sprag to y" said
Jn° Hopkins in w"*" sute Christopher Butler appearing and pretending a
title to the s'^ Goods hath by an Injunction in Chancery stoped the pro-
ceedings and caused y^ s"* Hopkins be sumoned to the Court of Chancery
and saith further that y° s* Christopher Butler hath not filed any bill
whereto y' s* Hopkins may answer w""" appearing to be soe as is aleged

Decreed y' y^ sute be dismissed and that the said Christopher Butler
pay costs of this sute and that y° former judgem* Given ag'' the said
goods be confirmed

Jn° Stepney sumoned to answer the sute of Christopher Butler and y°
said Stepney cometh and saith tliat whereas y" said Jn° Stepney Obtained
a judgm* ag" some Chattells of y° estate of Wm Sprag attached at y'=
sute of y° said Jn° Stepney for y° satisfying of a debt due to y^ said Jn°
Stepney from the said Wm Sprag as appeares upon Record in w"*" sute
the said Christopher Butler Appearing and pretending title to y* said
Chattells by an Injunction hath removed the sute into this Court of
Chancery and caused y° s* Jn° Stepney to be sumoned to this Court in
w""" y" said Christopher Butler hath filed no Bill ag'* y' said Stepney w"""
appearing by record to be soe.

456 COLONIAL RECORDS.

Decreed that y" sute iu Cliaiicery be dismissed and y' y* said Christo-
pher Butler pay costs and that y° former jiulgem' upon the attachm' be
confirmed

THOMAS HARVEY
DANIEL AKEHURST
BENJAMIN LAKAR
THOMAS POLLOCK
SAMUEL SWANN

KKCORl) BY ORDEK OF COURT

The first of y= 3 juonth 1682
Governor Seth Sothell is Debt' To 5 Barr" of^ £. S. d
March Corne to Jn° Blany by this order to Dan' Akehurst VO'i 01 08
17 to me to pay as by their notes will a]>pear j

to one p' of Wooi cards 00 02 06

to one p' of Trucks 00 05 00

02 09 02

In y' 6*'' INIoneth S"" or therabouts

Wni Gosnell is D'' for 2 p' of shoes 00 08 04

to one pott of Butter about 8 gall 01 15 00

to 45 pounds of Bacon at 00 19 00

to 2 barrells of Indian Corne 00 16 08

to one bottle of Honey 00 02 00

to one Holand Handkercliif 00 02 00

04 03 00

All w"'' I had (iovern"' Sothells word fijr to pay me after Vi'm Gosnell
was deail

I the subscriber doe declare on y" penalty of Perjury y' y' p"^ ol" wool-
cards and trucks were delivered to Seth Sothell as alsoe y' M" Gosnell
had what is charged to his acct' and y' I never had any part or p^'cll of
y° same

FFRANCIS TOMES

Sworue before y^ Gen°" Court

y^ 28 of fteb 1694

W. Glover Clrk

COJA)i\JAJ. RECORDS. 457

I doe testify that Seth Sothell desired nie to give tfrancis Tomes an
ace' of w' money was due to Blany from 8etli Sothell for y" ffreight of
his goods from Quipoton to this place Accordingly I by a Noat ordered
ffrancis Tomes to pay to Jn" Blaney five barrells of corne for y' freight
of his goods the w""* Corne by a recep' under Blanys hand I find y^ said
ffrancis Tomes did pay to y" truth hereof I doe subscribe y» 28"' of ffeb
1694-5

DAN' AKEHURST

Sworne in y" Gen°" Court feb '28 1694

W. GLOVER Clerk.

The deposition of Jn" Porter Juu' aged 30 yeares or thereabout Exam-
ined and Sworne saith

That sometime in or about y" moneth of November in y" year 1693
Governor Sothel and tfrancis Tomes was at the depon"' fatliers house in
y^ Free' of Chowan in North Carolina and Governor Sothell haveing
brought a box of goods to this depon'= fathers aforesaid w""" box this de-
pon' did then understand to belong to M" Elizabeth Banks of London
and was sent her by her brother Wm Tompson of London to her then
living in Carolina by the s'' Governor Sothell w"'' box as I understood at
y' time by their discourse was opened before the delivery of y° same to
M' Tomes M" Eliz. Banks Attorney and some of y*^ Perticulars taken
out as a p'cel of Narrow lace w"'' M"' Sothell owned he had and brought
some of the lace sewed to headlinnen w"'' he said was done by his wife
and alsoe M'' Tomes demanded of M' Sothell two Guinys w"'' was alsoe
in y« s'' Box to w'='' M'' Sothell replyed that he was goeing for England
and that he would ace* w* M' Thompson for them w"" some other things
then discoursed of between them ^v•'='' this depon' doth not at p'sent re-
member this being y" discourse w"^" at the ufore^'' time and place past in
y' hearing of this depon* between Seth Sothell & M"" ffrancis Tomes At-
torney of M" Eliz Bancks to y" best of his memory. Witness my hand
this 28*" day of ffeb 1694-5

JN° PORTER Jun'
Sworne before y* Gen^" Court
y« 28*" of ffeb 1694

W. GLOVER Crk

54

458 COLONIAL RECORDS.

1696.

[B. P. R. O. Colonial Entry Book. Vol. 100. p. 376.]

CIRCULAR LETTER FROM LORDS OF THE PRIVY
COUNCIL TO THE GOV" IN THE PLANTA-
TIONS 13 FEBRUARY 1695-6.

After Our very hearty commendations

Wheras the Ijords spiritnall & temporall with the Commons assembled
in Parliam' have by their late Address represented to His Majesty the
obstructions that will unavoidably accrue to the trade and navigation of
this Kingdome by an Act lately passed in Scotland for erecting a com-
pany to trade from thence to India Africa and America a copy of which
Act and the Address of the Lords and Commons with Her Maj. gracious
answer thereupon You will receive from the Comm'* of his Maj. Cus-
tomes together with a letter from the said Comm" recommending to your
care the vigorous execution of the several laws made here in England
for the security of the Plantation trade And to see that the Officers of
the Comm" of the Customes within your government do .strictly pursue
their duties according to the said Laws & further reminding you of what
is by the said laws more especially required at your hands for the better
securing the Plantation trade to this nation Wee ha^^e received his Maj.
comands to let you know that his Maj. being very sensible how preju-
dicial the said Act past in Scotland may be to the trade & commerce of
this Kingdome as well to his Maj. Plantations as to other parts his Maj-
esty expects from you not only a strict performance of what is recomended
to your care by the Com"'* of the Customes in their said letter as the best
means to remedy the said Inconveniences for the present but that you also
use your utmost endeavours that the I^aws of Trade and Navigation of
this Kingdome may be duly and strictly executed within your govern-
ment as well by what countenance and assistance you may give to the
Officers of the C\)m'^ of the Cu.stomes in this behalf as by all other ways
and means whatsoever that you may use whereby the ill consequences of
the said Act past in Scotland to the trade and navigation of this king-
dome may be avoided in all which his Maj expects a strict compliance
from you according to your duty as you will answer the contrary And
so Wee bid vou very heartilv farewell From the Councill Chamber at

COLONIAL RECORDS. 459

Kensington this thirteenth day of February 1695-0 in tlie eiglitli year
of his Maj. Reigne

' Your very loving Friends

MONMOUTH PEMBROKE C. P. S.

STANFORD DEVONSHIRE

TANKERVILLE DORSETT
DURSLEY BRIDGEWATER

JOHN NICHOLAS.

[B. P. R. O. Va. Council. B. T. Va. 58.]

AT A COUNCIL HELD AT JAMES CITY THE IS'" OF
FEB'y 1696

Present.
His Excellency S"" Edmund Andros Knt Governor Nathaniel Mack
by his petition Complaining to his Excellency that W" Full-
Avood being indebted to him one hundred pounds ster' and the said Full-
wood having illegally departed this Government the said Macklanshaw
caused the goods of the said Fullwood being in an Island called Crow
Island patented and held since the first settlement of this Colony to be
attached by W" Fitz Gerard under Sherif of Princess Anne County, but
before the said Sherift' departed off the said Crow Lsland, one W" Bray
pretending himself Marshall or sherilf of North Carolina came with force
and Arms and Rescued the goods attached, carryed away the under
Sheriff" and Kept him in Custody untill he gave security for his appear-
ance at next Gen" Court held for Carolina; by means of which the said
Macklanshaw is in Danger of looseing his Debt and prayed Relief therein
all which appearing by Testimony at this Board It is the opinion of
the Council that reparation be demanded of the Gov' Commander or
Chief Officer of North Carolina for the abovesaid Violence Committed
in this his Majestys Colony of Virginia and Restitution be made of the
said goods and the person of the said W" Bi-ay with those that assisted
him in the said violence be forthwith delivered to the Sheriff in princess
Anne's County to answer it & be proceeded against act-ording to law

460 COLONIAL RECORDS.

AT A COUNCILL HELD AT JAMES CITY THE 2'* OF
MARCH l(395-[6]

Present
His Excellency Sir Edmund Andros Knt Governor.
His Excellenev was pleased to communicate to this Board a Letter
from Thomas Harvey Esq"' Deputy Gov'' of North Carolina that he had
reed his ExcelP'^'* Letter Containing M"^ Makclanahaws Complaint against
W" Bray Deputy Marshal in Coratuck within that Government and
being altogether ignorant of the whole matter had Communicated his
Excell"^' Letter to the palatines Court and that order was given for W"
Brays appearance with all possible speed that being informed of the whole
matter he might be Capable of giving his Excell"^ a Satisfactory answer
the further Consideration of the said matter is Reserved till an answer is
received & that in the mean time the sheriff of Nansmond Norfolk and
Princess Anne Countys be carefull in Collecting his jNIajestys Quittrents
and other Publick Dues to ascertain their bounds and that they be not
incroached upon in their several Balywicks, And ordered accordingly

a""* March 169ri-(6)

* * i: ^. ^;

His Excellency was pleased to communicate to this Board a letter from
Thos Harvey Esq. Deputy Governor of Nortli Carolina that he had re-
ceived his Excell. letter containing M' Macklenahan's complaint against
William Bray Deputy Marshal in Corrotuck within tliat government
and being altogether ignorant of the whole matter liad communicated
his Excellency's letter to the Palatines Court and that <jrder was given
for William Bray's appearance with all possible speed that being in-
formed of the whole matter he might be capable of giving his Excel-
lency a satisfactory answer the further consideration of the said matter
is deferred till an answei- is received and that in the meantime the Sheritfs
of Nansamond, Norfolke and Princess Anne Countys to be careful in
collecting his Maj. Quit rents and other public dues to ascertain their
bounds and that they be not encroached u]K)n in their several Balywicks
and Ordered accordinolv.

COLONIAL RECORDS. 461

[B. P. R. O. B. T. Plantations General. Vol. 4. p. 53.]

TO THE HON" THE COMM"^^ OF HIS MA'"*^ CUSTOMS.
PROPOSALLS HUMBLY OFFERED FOR THE MORE
EFFECTUAL PUTTING IN EXECUTION
THE ACT FOR PREVENTING
FRAUDS & REGULATING
ABUSES IN Y' PLAN-
TATION TRADES.
(31 July 1696)

1. That the Gov"'^ in all the proprieties be duly qualified for the dis-
charge of their Trust, in relation to the acts of Trade ; as in the act for
preventing Frauds etc : is directed

2. That fitt jJersons be appointed to be the Gov"' of Carolina & Pen-
silvania to prevent the illegal Trade carried on by Scotchmen & others
in vessells belonging to New Eng** & Pensilvania from those Provinces
to Scotland, Carasaw, & other unlawful places.

3. That a Cemmission under the Great Seal of Eng'' (as formerly) be
directed to divers ^Jcrsons with power to administer the Oath to the pres-
ent Gov''^ in all the Plantations, & also to such who shall hereafter l)e
made Gov''^ of any of them before tiieir entring upon any of their re-
spective Goverm"

4. That there be appointed a Judge, a Register, a Marshall of the
Courts of Admiralty & an' Atturney Gen" in all y" Colonys & Provinces
upon the Coast of America to trye causes arising upon seizures & for-
feitures made upon the Breach of y^ several acts relating to the Trade in
the plantations as in the aforesaid Act for preventing Frauds etc: is
directed

5. That all such collectors & others who have by ignorance or Conni-
vance encoxu'aged the illegal Trade in the plantacons be removed, & hon-
est & able officers be put in their Rooms & also in places where officers
are yet wanting, for the better putting the said act in Execution

all which etc:

bv ED : RANDOLPH.

462 COLONIAL RECORDS.

[B. P. R. O. B. T. Plantations General. Vol. 4. p. 4.5.]

THE NAMES OF PERSONS TO BE THE JUDGES, REGIS-
TERS & MARSHALLS IN THE COURTS OF ADMIR-
ALTY & ALSO OF THE ATTURNEYS GEN"
IN THE FOLLOWING COLON YS & PROV-
INCES ON THE CONTINENT OF
AMERICA. (July 3r' 1696.)

Virginia & \ Edward Hill (of the Coiincill) Judge

North Carolina jMyles Carv Register

Miehaell Shewman Marshall

Edward Chi Iton Attorney Gen"

Mem : That the fees of the officers in the severall courts of Admiralty
(now not known) be ascertained by the Judge of the CViurt of Admiralty
in Eng'^ to be approved of & allowed by the Gov" & Conncill in each
respective Govm' or otherwise as shall be directed That upon the absence,
removal or death of any of the said officers, the Gov" in tho.se places be
impowered to appoint other persons to officiate in their rooms and to re-
turn the names of such persons to the Admiralty in England to receive
from thence Deputations accordingly.

That there can be no establishment of C-ourts of Admiralty in the
Bahama Islands, Carolina or in any other of the Proprieties until there
be a I'egulation in the Gov*^ as is directed in the act for preventing of
Frauds and regulating abuses in the Plantation Trade
All which is humbly submitted

bv ED : RANDOLPH.

[B. P. R. O. B. T. Plant.vtions General. Vol: 4. p. 113.]

TO THE RIGHT HONO"'' THE LORDS & OTHERS THE
COMM" FOR TRADE.

August 25* 1696
May it please your Lord.ships

Having in my paper of proposalls to the Comm" of his Maj"'" Cus-
toms, for the better putting in Execution the Act for preventing frauds
&c: (a copy whereof I presented to your Lordship.s) offered (that there

COLONIAL RECORDS. 463

be a Judge a Register a Marshall and an Attorney Generall apointed in
all the Colonies & Provinces upon the Continent of America) I was
directed by their Hon" to nominate persons fitt for those Employments.
And accordingly I did in anotlier paper (now before y' Lordshipps give
in the names of several such persons. Not but that there were Attorney
Generalls in divers of those places, (but in regard (as I informed the
Commissioners) some of them are wliolly ignorant of the Laws & prac-
tice in the Courts in England & others countenanced the illegal Trade,
so that until they were removed & persons understanding & well
experienced in the proceedings at Law, be recomended to such places it
could not be expected that the Acts for j^ecuring the Plautacon Trade
should be executed & observed I do humbly therefore lay before yo''
Lordships an account of the present Attorney Gen"' in those Colonies &
Provinces & my Reasons, why some of them should be removed, & oth-
ers to be apointed in their Roomes.

North Carolina has no Attorney Generall.

[B. P. K. O. Amek: & VV. Ind : No. 601.]

TO THEIR EXCELLENCYS THE LORDS JUSTICES.

May it please your Ex"^'

In obedience to your Ex°^' Order of the 23"' of July last annexed to
an Extract of a Presentment from the Com™ of the Customes, Wee
humbly represent to your Ex"^' that in our opinion the constituting At-
turnys Generall in each respective Plantation as moved for, by the
Comm" of the Customes will be conducing to the ends by them pro-
posed; And that therefore in order to the putting of that design in exe-
cution, Wee have advised with M'' Edward Randolph Surveyor Genei'all
of his Maj'^' Customes in the Continent of America, and are by him
informed that William Randolph the present Atturney Generall in Vir-
ginia is wholly luiacquainted with the Lawes and practice of the Courts
in England ; that George Platter the present Attorney Generall in Mari-
land is a favourer of illegal Trade, that David Lloyd the present At-
turny Generall in Pensilvania has declared that he served for the Prov-
ince only and thereupon refused to put severall forfeited Bonds in suit,
That Anthony Checkly the present Atturny Generall of the Massachu-

4(31 COLONIAL RECORDS.

sets Bay is not only ignoi-ant of the Lawes of England but has been
himself an illegall Trader. For which reasons Wee are also humbly of
opinion that the forenamed Persons are not fit to be his Ma'^^ Atturuys
Generall, however fitt they may be judged by the Proprietors of any of
those Provinces for the Places that they have Power to disjiose of. And
that it may be expedient for his Ma'^* service that the Persons following
whom the said M"' Edward Randolph represents as duly qualyfyed may
be constituted His Ma'^' Atturuys Generall for the respective Colo-
nies hereafter mentioned viz' for Virginia, Mariland and Pensil-
vania (as also f.jr North Carolina and West Jersey where there is
at present no Atturny Generall) Edward Chilton, For the Massachusets
Bay (as also for Road Island and New Hampshire, where also there is
at present none) Thomas Newton. For New Yorke, (as also for East
Jersey and Conecticott where also there is at present none) James Gra-
ham. These being the only alterations of this kinde for which wee have
any Grounds suggested to us. Wee omitt to mention those of His Ma'^'
Colonies wherein there are Atturuys Generall already settled, and hum-
bly submitt our opinion upon these to your Ex''^^ consideration
J. BRIDGEWATER
PH. MEADOWS
JOHN POLLEXFEN
JOHN LOCKE
ABR: HILL.
Whitehall

September the 7'" 1 696.

A true Copy

RICH: COLINGE.

[B. P. R. O. B. T. Phopkikties. Vol.25, p. 6.]

M^ RANDOLPH'S MEM" ABOUT ILLEGAL TRADE IN THE

PLANTATIONS, MENTIONED IN FOREGOING

PRESENTMENT.

To the Honourable the Commissioners of his Majesty's Custom —
May it please your Honours

Your Honours ^vere pleased in your presentment of the 17"' of July
past to the Right Honourable the Lords Comm''" of his Majesty^s Treas-

COLONIAL RECORDS. 465

ui-y to represent, that it liath been found by experience, either through
the renii.ssnesse oi- connivance of the Governors of the scverall Colonies
and plantations wliich are under distinct proprieties, The Acts of Trade
& Navigation, and your Honours Orders & Instructions, in pursuance
thereof, have not been observed as in otlier Colonies and plantations which
are under Governors nominated & appointed by his Majesties immediate
Commission, and did therefore humbly move their Lordships that the Re-
spective Governors of the said proprieties may be persons of good Estate &
Reputation, and otherwise duely qualifyed for the discharge of their truth,
being by a clause in the aforesaid Act for preventing frauds and regulatin<»-
abuses in the Plantation Trade to be allowed & approved by his Majesty
his heirs & successors, and obliged to take the oaths enjoined by that, or
by any other Act to be taken by the Governors or Comanders in chief in
other his Majesties Colonies or Plantations before their entrance into
their respective Governments under the like penalties which his Majestys
Governors & Commanders in chief are by the said acts lyable to.

Notwithstanding the owners of the proprieties upon the Continent of
America and Islands adjacent take no notice thereof, but omitt to nomi-
nate fitt persons to be allowed and approved by his Majesty in Councill,
before their entrance on their respective Governments, from whence it fol-
lows that whilst the principles omitt their obligations at home, it cannot
be expected their Deputies will do their Duties in the plantations, so that
altho (pursuant to the said Act) The Officers of the Customs, the Judges
and other officers in the Courts of Admiralty, the Attorneys Generall, &
the Commissioners under the Great Seal for Administring the oaths to
the respective Governors in the said Colonies and plantations are appointed
& prepared ready for dispatch :

Nevertheless the Governors and other publick Ministers in the Pro-
prieties are continued in their offices & places, & no care taken to appoint
others in their stead, tho they maintain and support the illegal Traders
as much as ever :

It cannot therefore be expected that the Frauds & Abuses in the Plan-
tation Trade so long practiced & so often comi)lained of can be prevented
untill persons of good Estates and reputation, and othei-wise duly quali-
fied the discharge of their Trusts, be first allowed & approved by his
Majesty and to be the Governors of those Proprieties according to the
said Act, otherwise it is to no purpose, nor will it countervaile the charge
to send over officers and maintaine them, to put the Acts of Trade in
execution, in Virginia & other places, under his Majesty's immediate
authority so long as the Governors for the Proprietors take upon them a
power to dispence with the open breach of the Acts of Trade, and
55

466 COLONIAL RECORDS.

thereby keep their ports open to Illegal Traders, whilst others are barred
up by oaths & strict penalties, which must needs occasion the draining
& soon depopulating his Majestys own plantations by the people enjoy-
ing an extraordinary liberty in a generall Trade and constant benefitt by
pirates and the Scotch Trade in the proprieties and private Charters.

The chief end of granting those vast Tracts of Land (now called pro-
prieties) to noble men and others, was doubtless to encourage the first
undertakers to plant & improve them for the benefitt of the Crowne, &
to be always subject & depending on England, & "conformable to the
Laws thereof Great numbers of people are now seated in some of
those proprieties, but have been long endeavouring to break loose & sett
up for themselves, having no sort of regard to the Acts of Trade, and
discountenancing appeals from their Courts to his Majesty in Councill.
The persons appointed by the Proprietors to be their Governors, are gen-
erally men of very indifferent qualifications for parts & Estates. Their
maintenance is inconsiderable, which renders their Governments preca-
rimis also. They have power only (like civill Magistrates in petty Cor-
porations in England) to make INIxuiicipall Laws with consent of the
people, for their quiet & peaceable Government but are indeed Stewards
only & overseers accouutal)le and alwaies lyable to be turned out at the plea-
sure of those who employ them ; So that it cannot be presumed that Gov-
ernors made by the proprieties only, as such, are impowered, or in any
wise concerned to put in execution the Acts of Trade in their Govern-
ment, But on the contrary, I am humbly of opinion that twill be judged
a high misdemeanor in any of them to attempt it, untill they are first
qualified, as by the said Act for preventing Frauds is directed : the pro-
prietors themselves have no such power, nor can have granted them by
their Patents

I humbly lay before your Honours, an account of the present Gov-
ernors of proprieties, & of their qualifications, in relation to the Acts of
Trade.

Bahama Islands: M' Nicholas Trott is the present Governour; those
Islands have been and still are a common retreat for pyrates and illegal
Traders : Cadwallader Jones the late Governor under pretence of a power
to make all officers, made one Boulton Collecf of the Customs : he en-
tred and cleared vessels according as the Governor and he pleased. In
the year 1693 Thomas Carter Master of the Ship Bridge Town of Bar-
bados richly laden from Jamaica to London, run the ship wilfully aground
upon the Island, the Master & sailors divided the money, and the best of
her loading; the Governor made his advantage by it, all appeals lye from
their Courts to the Lords proprietors in England.

COLONIAL RECOEDS. 467

Carolina : M'' John Arehdale a Quaker is deputed Govern"" by the
Lords proprietors (as I am informed) during In's son's Minority who is
one of the liords Proprietors; the Cheif Towne for Trade is Charles
Towne, free to all, from all places. They Trade to Carasaw from whence
the Manufacture of Holland is brought to Charles Towne and carryed
by New England men, and other illegal Traders to Pensilvania, Boston
etc and returns are made for them in Plantation Commodities, which are
cariyed from Carolina to Carasaw, and thence to Holland, about 3 years
ago 70 joyrates having run away with a Vessell from Jamaica, came to
Charles Towne bringing with them a vaste quantity of Gold from the Red
Sea, they were entertained, and had liberty to stay or goe to any other
place. The Vessell was seized by the Governor for the proprietors as a
Wreck & sold, they have no regard to the Acts of Trade. The present
Governor is a favourer of the illegal Trade, having given his permit to
the Master of a Forreigne Vessell to trade, taking no notice of M' Gue-
rard appointed the Collector by your Honors Deputation, as by a Copy of
the Governors Permitt No° appears; all ajjpeals are likewise from the
• Courts in this Province, to the Lords proprietors in England.

North Carolina has 60 or 70 scattered families, but under no regular
government. One Jarvis was appointed the Govern' by Coll. Ludwell
then Govern' of all Carolina, he had no sallary. The Inlet of Carituck
lies conveniently for carrying away the Tobacco made in the Southern
parts of Virginia. The Inlet of Roanoake is frequented with small ves-
sells trading to & from the West India Islands. Pyrats & runaway Ser-
vants resort to this place from A^irginia etc.

Pensilvania M' William Markham is the present Governor, Samuell
Carpenter, & John Goodson (both Quakers) were joined in the Govern-
ment with him but they refused to Act.

The Acts of Trade (whatever they pretend) are not observed here ; a
plain discovery has been made of nine A^essells loaden with Tobacco,
which have from the year 1690 to the year 1695 gone directly from this
Province to Scotland (besides Gustavus Hamilton the Cheif factor for
the Scotch Merchants) who last year carried out of Delaware 300 hogs-
heads of Tobacco without clearing, as also other Vessells from the same
place, went with Tobacco to Scotland as appears by letters from your Honors
Agent in that Kingdom. The Brigantine William & Mary (called the
New Castle Brigantine) when in August 1694, she cleared out from Pen-
silvania for England, William Righton Master & Maurice Trent a Scotch-
man, an old Transgressor Merchant (one of her owners lives in Ijondoii)
imported into Pensilvania a great quantity of Scotch goods, & was ad-
mitted to an entry in the year 1695, by the Collector in Pensilvania.

468 COLONIAL RECORDS.

She was afterwards seized in West Jersey by Cap* Meech, appointed by
Coll. Nicholson (pursuant to her late sacred Majestys order in Councill
of the 9"" of August 1694. He seized also another Vessell called the
Mill ; Everett Johnson Master from some port in Norway, (as I am in-
formed) loaden with wine & European goods, having no clearing from
any port in England, the Master confessed himself to be a Dutchman, as
appears by Capt. Meeches Journal, N° 2, his tryall was putt off, the Mas-
ter being gone to New York, And afterwards suspended till further oi'd-
crs from England. The Governor entertains several pirates from the
Red & South Seas, who carry on an illegal trade to Carasaw, & other
prohibited places. It appears by a Copy of M"^ Markham's Letter to me
N" 4. that he has but a small maintenance, desiring me to make him Col-
lector of the Customs in Pensilvania by which your Honors may please
to take notice tliat Governoiv under such necessities will be easily tempted
to doe, & connive at unlawfuU things. Tiie Charge to maintain officers
of the Customs in that Province together with a Vessell of about 40
Tuns, & men sufficient to cruise upon the Coast thereof, as by her late
Sacred Majesties order in Council], Coll' Nicollson is directed to provide
will amount to above 2000£ a year, to prevent the Illegal Trade in Pen-
silvania, & the shipping of Tobacco brought overland from Maryland to
Delaware Bay, which notwithstanding will be carryed on uutill there be
such a Regulation in the Government of that Province, as by the said
Act for preventing frauds etc is enacted.

Pensilvania lies in the centre between Maryland and New York mo.st
commodionsly to carry on all illegal Trade, & that place will soon be-
come a Staple of all European & plantation Commodities.

Jerseys. East & West Jersey M' Andrew Hamilton a Scotchman is
the Governor of tiiose Provinces appointed by the Proprietors to Lease
out their Lands & I'eceive their Quit rents. He is a great favourer of
the Scotch Traders his Countrymen, & would not allow of Cap' Meech's
power, when he had seized the Brigantine William & Mary William
Righton Master. The Governor sat Judge in Court The vessell was
favoured upon tlie Masters setting forth in his petition that the French
mett him at Sea, & took a^ay his Cocquets, she is since gone to Barba-
dos: Patrick Robinson a Scotchman the Secretary, and David Lloyd the
Attorney Generall in Pensilvania went to the Court in West Jersey to
defend the vessell against the persecutors for his Majesty.

Connecticott in, New England, Coll' Robert Treat is the present Gov-
ernor of that Colony, granted to the Inhabitants by Charter, to have a
Governor annually chosen, with power to ])urcliase, and sell Lands. The
Inhabitants are generally husbandmen & planters. The Governor per-

COLONIAL RECORDS. 469

mitted a Vessell from Holland under pretence of wanting wood and water
to eonie into New Haven, where >^he iinlivered great part of her loading,
which was carried to New York, and having taken horses aboard, sailed
with the remainder of her goods to Barbados. Thomas Fisher Master
of the Brigantine Adventure of London imported about December 1691
a very great Cargoe of Scotch goods at New London in that Colony, they
were seized by M' Brenton the Collector; he thought it most advisable
to admitt Gustavus Hamilton to a Composition (which he "willingly
agreed to) rather than submitt the Cause to a tryall in that Colony.

Road Island, Caleb Carr was late Governor of that and Providence
plantation granted by Charter also, tis become a free port to illegal Tra-
ders and pyrates from all places: Thomas Tew a pyrate came thither
from the Read Sea in the year 1694 and brought with him 100,000 "" in
Gold and & Silver, he shared 12000 '*' for himself & his Sloop; the
people are enriched by them. Tis necessaiy that place be taken care of
& putt under a regular Government, the present pretenders to govern
being either Quakers or Ana. Baptists.

Province of New Hampshire, M' William Partridge being nominated
by M' Samuell Allen the present Proprietor is allowed l)y his Majesty &
made the Deputy Governor of that Province.

Province of the Massachusetts Bay, Tho' his Majesty has the appoint-
ing the Governor of that Province, yet the illegal Trade is carried on as
much as ever, to Scotland Holland, France etc for want of a Governor
to surpress that Trade, & to support and countenance the officers of the
Customs in the Execution of their duties. M'' William Stoughton is
the Lieutenant Governor, he is a good Scholar, but not bred up to Mili-
tary Discipline. The Country lying open is exjjosed to the fury of the
French, & Indians whenever they please to attack them. They have in
their Laws hitherto made no provision for a Governor's maintenance as
is done in all other his Majestys Governments, & was likewise in that
Province for their former Governors, on purpose to discourage men of
honor & abilities to live amongst them ; but whatever it costs that coun-
trey, and the Ti-ade thereof ought to be taken care of.

Now from what has been herein humbly offered, it cannot reasonably
be imagined, that the proprietors Governors are persons qualified or fitt
to be entrusted with the conduct and execution of the principall ])owers
reposed by those Acts only in the Governors & CiMunianders in Chief in
the Plantations under his Majestys immediate authority; so that if the
proprietors and owners of those Lands refuse to conform to the Rules &
method prescribed them in the said Act for ])reventing Frauds etc;; It's
humbly proposed that they should be obliged to accept of such Regula-

470 COLONIAL RECORDS.

tion in Government, in refei'ence to Trade, as his Majesty shall think
necessary to make, which will in no wise invade their jnst Rights &
Proprieties in those lands, nor hinder them from imploying their Agents
& factors to take care & dispose of their estates & to receive the Rents
& profits arising from them.

The Lord Baltemore the proprietor of tlie Province of Maryland, M''
Samnell Allen the proprietor of the Province of New Hampshire, & the
Inhabitants in the province of the Massachusetts Bay have all their
Rights and properties entirely Secured to them in their respective pro-
prieties.

They have their agents and Attorneys upon the place to manage their
aflPairs with all freedom, tho' at the same time the Governors of all those
provinces are appointed by his Majesties immediate Commission.
All which is humbly submitted by etc

ED: RANDOLPH S: G—

November the 10'" 1696.

To the Kings most Excel!' Ma''° in Councill.

The humble Peticon of the Lords and other the Proprietors and
Agents of the Province of Carolina, the Bahama Islands, Pensilvania
East and West Jei'sey and Conecticott in America.
Sheweth

That by Summons from M"' Attorney Generall dated the thirteenth of
October last, your Pet" received intimation of an order of Reference to
him from the late Lords Justices to consider and report whether an At-
torney Generall might not be appointed for your Ma'" in the said severall
Provinces, notwithstanding their Grants & Charters.

That upon your Pet" attending the said Attorney General), a Paper
annexed to the said Order of Reference purporting a Representation to
the said Lords Justices from the Councill of Trade was read, whei'ein is
suggested that some Complaints have been made to the Comm" of yo'
Ma''*' Customes and to the said Councill of Trade by one Edward Ran-
dolph, that divers Irregularities have bin lately committed in the said
Provinces contrary to the Acts of Navigation, and to your Ma'"'^ Preju-
dice, and that the Persons whom your Pet" have (as they are advised
they lawfully might doe) Constituted Attorneys Generall in the said
Provinces are unqualified for their severall Imployments.

And forasmuch as your Pet" have bin alwaies careful to ajjpoint Offi-
cers in the said severall Provinces well affected to your Ma'""' Government
and Interest, and qualified for their Offices and Imployments, and that
the said Representation is (as your Pet" conceive) the occasion and ground

COLONIAL RECORDS. 471

of tlie said Reference, and that the snggestions in the said Representation
do not only affect the Persons therein named but in Conseqnence your
Pet" also, and for that your Petitioners till their attendance on M' At-
torney Generall had no notice of the said Complaints and Representation,
or the Contents of it, and so no oppertunity to rectifie or cleare some
misinformations given to your Ma""'' said Commissioners and Councill
of Trade.

Your Pet" therefore most hund)ly pray they may have a Coppy of the
said Representacon, and that your Pet" may be heard, and the truth and
reason of the said Complaints farther and more clearly examined before
M' Attorney shall make Report in the matter referr'd to him.

And yo'' Pet" as in duty bound shall ever pray &c.
J. LANE W"- THORNBURG CRAVEN PaP

J. WINTHROP for S^ JOHN COLLETON Barr' BATHE
MICHAEL WATTS THO. AMY ASHLEY

W"° PENN BERKELEY

[B. P. R. O. Amer: and W. Ind : Plant. Gen. No. 601.]

TO THE R' HON"'" THE LORDS COMM" OF TRADE AND
PLANTATIONS

The Ijords Proprietors, Agents and others of the Provinces of Caro-
lina, Bahama Islands, Pensilvania, East & West Jersey and Coneoticott
in America :

Protesting their Loyalty and duty to his Majesty and reserving the
benefit of being heard by themselves or Councill to their Right and
power of erecting Courts of Admiralty in the said Provinces doe otfer

That there are severall Clau.ses in their respective Grants and Charters
which (as they are advised) import and imply a Grant of y'' admirall
Jurisdiction and power of erecting the said Courts and constituting Judges
and Officers thereof in the said Provinces.

That the reason why they have not hithei-to erected such Courts or
constituted such Officers is that all suits or Informacons upon and for
the breach of the acts of navigacon may as appears by the said acts and
particulerly by the 15"" of Kng Charls y" 2* be brought and prosecuted
in the Common Law Courts and y' the erecting Courts of admiralty
would have occasioned Sallaryes and other great and expensive Charges.

472 COLONIAL RECORDS.

That they apprehended there was no necessity of such Courts unless
for the condemnacon of prises few or none of which liave bin brought
into the said Provinces during this Warr in order to be there tried and
condemned.

That the said Proprietors are nevertheless willing and ready to erect
such Courts and constitute such able officers as shall be well affected to
his Majesty's Government, oarefull of his iutrest use their uttmost
endeavours to enforce an observance of the said acts of navigation and
zealously prosecute such Vessells and persons as shall be guilty of the
breach of them.

All which is humblv offered and submitted

[B. P. R. O. B. T. No. Carolina. Vol. 11. B. 94.]

North Carolina — ss.

At a Palatines Court holden at the House of the Hon"^ Francis Jones
Esq" the 9* day of December 1696.

Present.

The Right Hon"' John Arohdale Esq" Governor or Commander in
Chief of North and South Carolina. The Hon'''* Francis Jones, Benja-
min Lakar, Maj' Samuel Swann, & Thomas Harvey Esq" Lords
Deputies.

Ordered that Writts be issued out to the .several precincts of the County
of Albemarle, for electing five Burgesses for each Precinct to meet at
the House of Thomas Nicolo, the eighteenth Day of January next.

Whereas several Persons are seated on Pampticoe River without the
Bounds of the County of AUieniarle to whom Commissions & Writts
have been directed by the Name and Style of the Precinct of Pampticoe
in the County of Archdalc, it is now by the authority of this Court
erected into a County & by the special direction of the Right Hon*'* the
Governor is nominated the County of Bath.

Ordered tiiat a writt l)e issued out to the Inhabitants of the County of
Bath to make choice of two Burges.ses to sit in the Grand A.ssembly to
be holden at the House of Thomas Nicolo the eighteenth Day of Janu-
ary next.

JOHN ARCHDALE.
THOMAS HARVEY.
FRANCIS JONES.
SAMUEL SWANN.

COLONIAL RECORDS. 473

1697.

[B. P. R. O. Amer: & W. Ind: Plant. Gen. No. 601.]

To the Kings most Excellent Majesty

Tile Lords and others the Proprietors and Agents of the Provinces of
Carolina, Bohania Islands, Pensilvania, East and West Jersey and
Conecticott in America,
Humbly offer

That upon reading and perusall of a Copy of a Represen-
tation bearing date the l?"" of December last from the Councill of Trade,
to your Majesty, the said Proprietors understand the said Councill of
Trade and also your Ma'^^ Atturny Generall are of opinion that not-
withstanding the severall Charters granted to the said Proprietors, Your
Ma'^ may appoint and erect Courts of Admiralty in the said Provinces;
And that the Lords of the Admiralty did on the ] 9*'' of November last
represent to your Ma'^ that all the Gov" of your Majesty's Colonies and
Plantations had Commissions to be vice admiralls, or might have them
if they made application for the same.

The said Proprietors therefore most humbly pray that the Grovernors
of the said severall Provinces may have Corami.ssions to be Vice Admi-
ralls with such powers relating to the Admiralty Jurisdiction, as the
Governors of your Ma'^* other Plantacons have.

All which is most humbly submitted &c.

DAN. COXE.
In behalf of my.self and the rest of the Proprietors.
Presented 21. January 1696(-7.)

(Indorsed)
Proprietors.

Petition of the Proprietors of several Plantacons in
America to his Ma'^ praying that their Gov" may be ap-
pointed Vice Admiralls in their respective Governments.

[B. P. R. O. B. T. Plantations General. Vol. 4. p. 274.]

A BRIEFE AND PLAINE SCHEAM.

(February 8'" 1696-7.)
[From VVm. Penn.]

How the English Colonies in the North parts of America viz' Bo.s-
ton, Conetticut, Road Island, New York, New Jerseys, Pensilvania,
56

474 COLONIAL RECORDS.

Maryland, Virginia and Carolina may be made more usefull to the
Crowne and one anothers peace and safety with an universall concurrence.

1" That tlie severall Collonies before menconed, do meet once a year
and oftner if need be, dureing the Warr, and at least once in two years
in times of Peace, by tlieir stated and appointed Deputies, to debate and
resolve of such measures, as are most advisable for their better under-
standing and their publik Tranquility and Safety.

2'^''' That in order to it two persons well Qualifietl for Sence Sobriety
and Substance, be appointed l)y each Province as their Rejiresentatives or
Deputies, which in the whole make the Congresse to consist of Twenty
persons.

3'*'^ That the Kings Com' for that purpose specially appointed shall
have the Chaire & preside in the said Congresse.

^thiy 'J'l;^at they shall meet as neere as conveniently may be, to the most
centrale Colony for eaze of the Deputies.

5*"^ Since that may, in all probability be new Yorke, both because it
is neere the Center of the Collonys, and for that it is a Frontier and in
the Kings nomination, the Gijvernor of that Colony may therefore also
be the Kings high Com' during the Session, after the manner of Scotland.

g'^y That their Business shall be to hear and adjust all matters of
Complaint or diiference between Province and Province, as P' where per-
sons quit their own Province and go to another, that they may avoid their
just debts tho able to pay them 2"*'^ where offenders Hy justice, or justice
cannot well be had upon such offenders in the Provinces that entertaine
them, S'*'^ to prevent or cure Injuries in point of commerce. 4""'^ To
consider of wayes and meanes to support the union and safety of those
Provinces against the publick Enemies, in the Congress the Quotas of
Men and charges will be much easier and more equally sett, then it is
possible for any Establishment made here to do, for the Provinces having
their own Condition and one another, can debate that matter with more
freedom and satisfacon, and better adjust and balhuice their affaires in all
respects for their common safety.

ythiy That in times of Warr the Kings high Com' shall be Gen" or
Cheife Comander of those severall Quota's upon service against the
Comon Enemy, as he shall be advised for the good and benefit of the
whole.

COLONIAL RECORDS. 475

[B. P. R. O. B. T. Proprieties. No. 25. p. 39.]

LETTER OF THE COUNCILL OF TRADE TO THE LORDS
PROPRIETORS OF CAROLINA.

Feb"-y 9'^ 1696-7
To the Right Honourable the Lords Proprietors of his Majesties Pi'o-
vince of Carolina in America.
My Lords

His Majesty having been informed by complaints from several! hands
of the undue methods practiced in some of his Colonies for seducing the
Inhabitants from others, and l)eing sensible how much that practice is
contrary to the Common Interest of the whole . has commanded us to
write to the severall Governors or Governments of each Colony that they
take care that effectual Laws be made in each of their respective Govern-
ments against the receiving and hai-bouring not only of Deserters, but
also of such Fugitives as leave any of his Plantations contrary to the
Laws provided for that purpose in each plantation respectively ; Which
therefore we accordingly recommend to your observation for the Province
of Carolina.

And whereas his Majesty has also received complaints that the enter-
tainment given to Pyi'ates in some of his Colonics, and more particularly
in those under distinct proprieties, had occasioned many ill minded per-
sons, .seamen and others to de.sert their habitation,s, and ajjply themselves
to such wicked and destructive courses to the great weakening and dis-
peo2:)Hug of the Colonies so abandoned by them, and to the great dis-
honoiu' of the English nation, whereupon he has also required us to write
to the .several! Proprietors and Governors of all his Plantations, that due
care be taken for the future that no Pyrates or Sea Robbers be anywhere
.sheltered or entertained under the severest penalties; We are obliged in
giving you this notice to recommend it so much the more particularly to
your care, by reason that upon occasion of the late Tryalls of some of
Every's Crew here severall informations have been transmitted to us
wherein mention is made of Carolina as too ordinary a Receptacle of
Pyrats. Some of the expressions in those pajJers are as follows.

Want a Pyrate about three years ago, after a good voyage broke up in
Carolina, and spent part of his money there. Want now is fitted out from
Carolina. Pirate.s are kindly entertained in Carolina; Capt Risby and
others of Every's Crew 'went to Carolina. These things we say oblige us
the more to require of you that an extraordinary care be henceforwards
taken in that province by a constant discouragement to the Rise and pro-
gres.se of such undertakings so as either to wipe offthe.se, or at least pre-

476 COLONIAL RECORDS.

vent the like reflections for the future, and particularly that those of
Every's Crew who retired thither may be found out, and both they and
any others that shall be discovered, be punished according to the. utmost
severity of the law : of which we expect a particular account, and are
Your very affectionate friends

J. BRIDGEWATER
Ph: MEADOWS
W" BLATHWAYTE
JN» POLLEXFEN
Whitehall ABR: HILL.

February the 9'" 1696-7.

[B. P. R. O. Col: Ent: Book. No. 20. p. 219.]

J London Aprill 1697.

Memorandum.

After the death of the Right Honourable W" Earle of Craven Pala-
tine of Carolina which was in Aprill 1697 the Right Honourable Jolin
Earle of Bathe succeeded him afler which time t!ie Lords Proprietors of
Carolina had their meetings at his Lordships house at S' James.

[B. P. R. O. Amee. and W. Ind: Plant. Gen. No. 601.]

Sir,

The Lords Commissioners of his Ma'*"' Treasuiy having transmitted
to the Comm" of his IMajesty's Custtmies the forme of the Bond prepared
by the Attorney Generall for the security to be taken from the Proprie-
tors of Plantacons for their respective Deputy Governors pursuant to an
Address presented to his Majesty by the Lords Spiritual] and Temporall
in Parliament; who have reported that they are of opinion, That the
Penalty to be inserted therein ought not to be less thas Two tliou,sand
pounds nor to exceed five thousand pounds with reguard to the Impor-
tance of the Trade in the respective Proprieties. My Lords agree with
the said Report, and have commanded me to send the .same tt) you in
order to be laid before the Lords Comm''^ for Trade.
I am Sir

Your most liumble servant

W" LOWNDES.
Treasury Chambers

May 5"^ 1697.

To William Popple Esq"^

COLONIAL RECORDS. 477

[B. P. R. O. Amer: and W. Ind: Plant. Gen. No. 601.]

S'

I have layd your Letter before the Lords Proprietors of Carolina, and
the Bahama Islands, with the inclo.sed Letters from his Majesty.

Their I./ords''^ are very ready to pay all dutifnll observance to his
Majesty's commands; and as they have always hitherto made it one of
their Instructions to their Governours, to take care to put the severall
Acts of Parliament in Execution, that concerne the Plantation Trade and
Navigation they shall now enforce it, as his Majesty's j)articuler Com-
mand.

As to the Bond, their Lords'"' are of opinion, that since the late Act of
Parliament ha,s placed the Aprobacon of theii- Governours in his Majesty,
it cannot be expected they should give security for the Behaviour of such
persons, as are so constituted it being not required by any Act of Parlia-
ment that they know of. I am

Sir

Your Humble Servant

W" THORNBURGH.

May 20'" 1697.

[B. P.'R. O. B. T. J. p. 166.]

Whitehall .Inly the 2P' 1697

The Coramiss" for Transportation attending to know what resolution
was taken by this Board about the fifty Convict Women uom' in New-
gate mentioned in M"" Vernon's letter of the P' of this month were
acquainted that some Answers were yet expected from the Agents of some
Colonics \\'ho had been writ to u])on that suljject but that thev sh(jnld be
again called for and a speedy resolution taken therein, But soon after a
letter from the Agents of Barbadoes being brought to the Board, that
and all the others relating to that subject which have been received during
some days last j)ast were laid before their Lordships and read, viz : from
the Agents or Merchants of Barbadoes Jamaica the Leeward Islands
Virginia and Maryland New England and Carolina And none of the
.said letters giving any proper encouragement for the sending any of those
Women to any of those Plantations, exce])t only to the Leeward Islands
And their Lordshijjs remembering that the agents of New York have
likewise verbally declared their opinion that it would not be fit to send
them to that Province, They thereupon ordered a Representation to be

478 COLONIAL RECORDS.

drawn to lay before the Lords Justices their opinion for sending them to
the Leeward Islands according to the tenure of the forementioned letter
of the Agents of those Islands.

[B. P. R. O. North Carolina. B. T. Vol. 4. p. 40.]

London Dec' y^ 22° 1697.
Gentlemen

We have now sent y° Copy of our last and having not since had any
from you, have nothing to add, but that we have now sent you y* Exem-
plication of oiu- Charter under ye Create Scale of England w"*" wee hope
will be sufficient to assert our Bounds w"" the Governor of Virginia

Wee have also sent you by his Majestys Comand y* proclamation for
a peace with France and likewise y^ Articles of y' same y^ former you
are to publish in due maner and y^ latter strictly to observe.
Wee are

Gen' Your very affectionate friends
BATHE Palatine
ASHLEY.
BATHE for y^ LORD CARTERET
THO: AMY
To Tho : Harvey Deputy Gov-
ernour and to our Deputys
& Councell of North Caro-
lina

[Kecords of Perquimans Precinct Court.]

AT A COURT HOLDEN FOR THIS P'CINCT AT Y« HOUS

OF THOMAS NICHOLS THE SECONT MONDAY

IN JANERUARY 1696-7

p'"seut M' Caleb Calleway

Cap' Ralph ffletoher
M' John Godfrey M' John Barrow

M' Samuel Nicholson
James Oates vars Thomas Nichols

In a plea of y^ sd Nichols not appearing y^ Slirefe confessed Judgm'
ordered that John Stepney pay to James Oats three pound three Sliil-
lings and fower peence with cost.

COLONIAL EECORDS. 479

Upon A peticon of Alexsauder Lilliiigton Shewen that John Tweger
Is Indepted to him two pound foorten shillings And He Haven obtained
Attachment Against y^ Estate of Sd Tweger And no liepreve Apear-
ing ordered that y° Marshall Make Sale of y° estate Apraised According
to Law for y° defrayra' of of this debt With Cost.

Samuel Pricklofe prove A bill of Thomas Hasel And Thomas White
for five pound in pork ordered that Thomas Dnren Exceter to y° Sd
Hassel pay y° Sd Pricklofe five pound in pork with Cost

ffrancis Segrave proved five Kits for five "^sons transported into this
county Whoes Names are under Wretten viz himselfe, Lucretia his Wife
Thomas his Sonn fltrancis his Soon William Powel.

John Dunston proved three Rits whoes names are under Wreten viz
himselfe ffrancis his Wife Sarah Moore

Dianah White peticon y* Court Shewen that Thomas Hossell is In-
debted to hir one pound Seven Shillings And Shee prov^ed hir Account
ordered that Thomas Duren Exceter of y° Sd Hosel pay to y' Sd White
one pound Seven Shillings

Sarah Johnson vars Edward Homes in a plea Court

Referd it to y' Jure y^ Jure On their othes say thay find for y" jjlaintef
Seven hundred pound of tobaco And Caske ordered that Ed^vard Homes
pay to Sarah Johnson Seven hundred pound of tobaco & Cask with Cost.

Thomas Speight proved tenn Rits Whoes Names ar under Wretten
viz himselfe Richard Mallone Nich Perm Jolin Morres Elizabeth Mor-
res John Morres Juner William Morres Mare Morres Nathaniel Rave
Fone a Negro

Charles Scot Proved fower Writs for fower ^sons transported into
this County Whoes Names are under Wretton viz himselfe Mary Scoot
Elizabeth Scot Charles Scot on for his Servetue

Denis Meclenden proved aleven Rits Whoes Names are under Wret-
ten viz himselfe Charles Cafen Mary his Wife Margaret Dun Deunes Dun
Reljecka Carpender Elisabeth Mackclenden Brient Mackclenden Dennes
Mackclenden ffrancis Mackclenden Thomas Mackclenden

John Oden proved Six Rits for Six "^sons Whos Names are under
Wretten vis Himselfe Ann his wife Ann his Daughter Jan his Daughter
Mary his daughter Rachel his Daughter.

Abraham Williams proved fower Rits whoes Names are under Wret-
ten vis himselfe Anne his Wife Edward Williams John Williams.

Thirlo ffee vars Peter Jones In a plea of y° Case y" Sd Thirlo ffee not
Apearing ordered that he be Nonsuted And pay Cost

John Hopkins vars John Lewes y° Sd Lewes Not Apearing Ordered
that y^ Sd Lewes pay to John Hopkins two pound Nineteen Shillings &

480 COLONIAL RECOKDS.

three peence in Country pay And twenty three l)ushels of Indian Corn
with Costs als Exec.

Upon A peticon of Jolm Watts Shewen .... Grifen is Indepted to
Him eigh pound thirteen Shillings And he haven obtained Attachment
Against his Estate one third part of A Curnen being Atached ordered
that y° Marshall make Sale of y° third part Aprasecl Acorden to Law
And pay to y" Sd Watts eigh pound thirteen Shillings with Cost M'
Caleb Calleway Alex Lillington George Ames Wing Opinted Apraisers.

The Court Rejornd till to Moro INIornen eight aclo

John Hawkins acknowledg A deed of Sale for three Hunded Acres of
Land to M' John Godfry.

Steven Manwaren Acknowledg A ded of Sale for two Hundred Acres
of Land to James Pareshen.

James Pareshen Acknowledg a ded of Sale for two Hundred and fifty
Acres of Land to Stephen Manwaren.

Collom fflyn Proved A Letter of Aturnncy of Jonathin Jonses by y^
oths of James Parishen Esekell Mawdle

Collom fflyn Acknowledg A bill of Sale to Stephen Manwaren As
Aturuney to Jonathun Jones.

ffrancis ffoster proved Six Hits Whose names are under Wretten Wil-
liam ftbster John fibster Elisabeth tfoster ftVancis fibster Jeane Swetman
a Negro Hanna

Christefer Butler vars Stephen Manwaren in a plea of dept y'' s** Man-
waren Haven No declaracon ordered that y" s* Butler be nonsuted and
pay Cost.

Upon a Pticon of John Stepney shewen that Thomas Nichols is in-
debted to him five pound eigh Shilling & fower peence he haven obtained
Atachment Against his Estate And Severall goods With y° book of
accounts Atached ordered that y° Marshall Make Sale of y' goods Apraised
acorden to Law And pay to John Stepney his Just dept of five pound
eigh Shillings & fo\\'er peence with Cost of Sute.

Upon a peticon of Mager Samuel Swann Shewen that Thomas Nichols

is Indepted to him one Hundred eighty pound of poork And he

haven obteined against y° Estate of Thomas Nichols And Severall good
atached With y^ books of accounts ordered that y" Marshall make Saile
of y* estate apraised acorden to Law And pay to JSIager Samuel Swann
his dept of one hundred & eighty pound of poork With Cost.

Upone the petitione of James Frigatt by an attachment Against the
Estate of Thomas Michoals for four poimds Four Shillings and three
pence ordered the said Frigatt be paid out of the said Nieolls Estate
Four pounds four shillings and three pence with Cost of Sute Alias Exe-
cutione.

COLONIAL RECORDS. 481

Upon A peticon of y" Hon''" Thomas Harve Esq And Deb'^ Gove-
ner Shewen that Thomas Nichols is Indepted to him Nine pound
two Shillings in poork And he haven obtained Attachment Against y"
estate of y" s* Nichols And y" book of Accounts being atach ordered that
Nine pound two Shillings & one peny halfe peny \vith Cost of Sute be
paid to y" Hon'''° Tho: Har.

Upon A peticon of ifrancis Tomes Esq Shewen that Thomas Nicholes
is Indepted to him one pound fifteen Shillings And eigh peence And he
haven obtained Atachment Against y" estate of y" s* Nickols And y' book
of Accounts being Attached ordered That one jwiuid fifteen shilling And
eigh peence With Cost of Sute be paid to tirancis Tomes Esq
John Hopkins vars John Piearce

In A plea of dept y'^ defendant confessed Judgment ordered that John
Piearce pay to John Hopkins three pound aleven Shillings And Six
peence With Cost Ales Exce

ISAAK ROADEN vars JOHN PlEARCE

In a plea of dept y" plaintef Not Apearing ordered that Isaak Roden
be Nonsuted And pay Cost Ales Excecution.
John Lilly vars Stephen Man weaken

In a plea of dept y^ declaracon being Not Signed ordered tliat John
Lilly be Nonsuted And pay Cost.

Upon A peticon of Thomas Peirce Shewen that Thomas Nichols is
Indepted to him two pounds fo\ver Shillings & fower peence And he
haven obtained Attachment Against y* Estate of y" Said Thomas Nich-
ols And y° books of Accounts Attached ordered that Thomas Peirce be
paid two pound ffower Shillings & fower peence with Cost of Sute.

Upon A peticon of Charles Crommelen Shewen That Thomas Nichols
is Indepted to him Seven pound Nine Shillings And aleven peence And
he haven obtained Attachment against y' Estate of y^ Said Thomas
Nichols And y° books of Accounts being atached ordered that Charles
Cromelen be paid Seven pound Nine Shillings & aleven peence witli
Cost of Sute.

Upon A peticon of Boas Bell Shewen That Thomas Nichols is In-
depted to him teen pound eigh Shilling And teen peence And y* books
of Accounts being Atached ordered that Boas Bell be paid his Just dept
of teen pound Eigh Shillings And teen peence With Cost

Upon A peticon of Ralph ffletcher Juner Shewen that Thomas Nich-
ols is indepted to him five pound for y*" youse of his ifather And he
haven obtained Atachment Against y** estate of y" Said Nichols & y°
57

482 COLONIAL RECORDS.

books of Accounts being atached ordered that Ralph ffletcher Juuer be
paid five pound With Cost

Upon A peticon of Richard Appowen Shewen y* Thomas Nichols is
Indepted to him aleven pound eigh Shillings and he haven obtained
Atachment Against y^ Estate of y° Said Thomas Nichols And y" books
being Atached ordered That Richard Appowen be paid Aleven pound
eigh Shilling With Cost of Sute.

Upon A peticon of Majer Alex Lillington Shewen that Thomas Nichols
is Indepted to him fifteen pound one Shilling & three peence And he
haven obtained Atachment Against y* estate of y^ Said Thomas Nichols
And y° books of Accounts being Atached ordered that Majer Alex Lil-
lington be paid fifteen pound one Shilling & three peence With Cost of
Sute the Cour is Ajurn till to morro Eigh of y" Cloc

Joseph Comander Iturnney to Hennery Silver of ould Ingland Mar-
rener vars Jacob Peterson upon his Assumption in a plea of y^ Ca-se y^
Court referd to y" Jure and he y® Said Comander haven no Letter of
Aturney y^ Jury on thare oath Say they find noe Cans of Action ordei'ed
that Joseph Comander pay Cost Ales Excycution

Upon a peticon of Peter Jones Shewen that he hath paid nine shill-
ing for y® yous of Thomas Norcom to Thomas Nichols ordered that
Thomas Norcom account be discharged

Nichola-s Simmons vars George Mathes in a plea of dcj)t y' Said
Mathes Not apearing y« Marshall craved a refference ordered that he may
Have A refference.

Upon A peticon of George fferdice Shewen that lie hath Atended y'
Court fower dayes two in going and Coming.

Ordered that Nicholas Simmons pay to George ffirdise Eigh Shillings
And fower peence.

Upon A peticon of J. Peirce Shewen that Thomas Nichols Is Indepted
to Him t\^'o pound Sixteen Shillings And he Haven obtained Attachment
Against y" Estat of Thomas Nichols And y^ books of accounts being
attached ordered that John Peirce be paid two pound Sixteen Shillings
With Cost.

Upon A peticon of Joseph Smith Sheweth that Charles Mackdanel is
Intlepted to him fower pound fower shilling and teen peence And he
haven obtained Attachment against y^ Estate of y° Sd Mackdanel And
y*" plantacon And House being Atached ordered that Joseph Smith l)e
paid his dept of fower pound fower Shillings With Cost of Sut€

Upon a peticon of John Pirkens shewen that he Maid a Crop With
y^ Said Nichols And he was to Have a third part of evere thing tliat

COLONIAL RECORDS. 483

Was Maid by y^ Crop ordei'ed tliat John Pirkeiis have A third part of
y' to backco.

Upon A peticon of Jolm Lilly Shewen that Charlt's Mackdanel is
Indepted to him Seven pound Nine Shillings And fower peence And he
haven obtained Attachment Against y° Estate of Charles Mackdanel and
y' Plantacon and hous being Attached ordered that John Lilly be paid
his dept of Seven pound Nine Shillings And fower peence AVith Cost.

Upon a peticon of JtJin Stepney Shewen that Charles Mackdanel is
Indepted to him one pound three Shillings and if'ower peence and he
haven otained attachment Against y° Estate of Charles Mackdanel And
y^ Cattel and Hoggs being Ataclied ordered that John Stepney be paid
his Just dept of one pound three Shilling and flFower peence With Cost
of Sute

Upon a peticon of Robart Beasley Shewen that Charles Mackdanel is
Indepted to Him Seven pound and five peence And he Haven obtained
atachment against y" estate of C'harles Mackdanel and y' Cattel and Hoggs
being atached ordered that Robart Beasley Se\-en pound and five peence
With Cost of Sute.
John Lilly vars Thomas Houghton

In a plea of dept thare being a fait in y^ declaration order that John
Lilly be Nonsuted and pay Cost.

Upon a peticon of Christefer Butler Shewen that Charles Mackdan is
indepted to him seven pound eighteen Shillings and he Haven obtained
atach against y^ Estat of y* Said Charles Mackdanel and y* Cattel and
Hoggs being atached ordered that Christefer Butler be paid his dept of
Seven pound eighteen Shillings With Cost.
John Hopkins vars George Mathes

In a plea of y° Case y° sd Mathese not apearing y* Marshall craved a
reference ordered that It be referd.

Upon a peticon of M'' Caleb Calleway Shewen that Thomas Nichols
is indepted to him thirty one Shillings and five peence and he Haven ob-
tained atachment against y' estate of Thomas Nichols and y* books of
accoun being atached ordered that Caleb Calleway be paid his dept of
thirty on Shillings & five peence With Cost

Upon a peticon of William I^acy Shewen that he was bound for diaries
Mackdanel in a bond of teen pound for his appearance at this Court and
he haven departed this County ordered tliat he be paid What he shall
make apeare to be damnefied With Cost he Haven obtained atachment
against v' estate of y* sd Mackdanel

484 COLONIAL RECORDS.

'U]Mm a petifon of Joseph Wei) Shewen That Thomas Nichols Is In-
depted to him two pound Eighteen Shilling and he haven obtained
atachnient against y^ Estate of Thomas Nichols and y* books of acounfcs
being atached Ordered that Joseph Web be paid liis dept of two pound
Eighteen Shilling With Cost.

Upon a petieon of Albart Albartson Sener That Thomas Nichols is
indepted to him five pound fower Shillings and Six peence and he haven
obtained atachment against y* estate of Thomas Nichols and y* book of
accounts being atached ordered that Albart Albertson be paid his dept of
live pound fower Shillings and live peence With Cost of Sute

CALEB CALLAWAY
RALPH FFLETCHER
JOHN GODFREY
SAMUEL NICKOLSON

March The 19 Anno 1696-7 James tfugeett Recorded his Mark being
a Crop ^Vnd A Hole In y" Right Fare and In y^ Left a crop and a Slet
in y* Crop and in y" Same Fare an under Keel and an over Keele.

Know All Men by these p'^sents that I Jonathan Jones of pascotank
have & hereby doe order & Apoynt My Trusty & Well beloved freind
Collujub fflyn for to appeare At Any Court here, After held ifor y^ p^'sink
of pequimons to Acknowledge y° Saile of A Certine track of Land &
Plantation that by Pattine iformerly belong unto Charles Mackdanill &
Since Sould by the Sd Charles to Stephen Manwaring & by Me pur-
chased ifrora the Sd INIanwaring & Since by Mee Sould unto y* Sd Ste-
phen Manwaren Agine & for your Soe doeing this Shall bee to you A
Soticient Warreiit As Witness My Hand & Scale October y' 14 1696
y' mark of

Test James -|- P. Peresho
Nicholas -\- Johnson
his mark
y* mark of
Esekel + Movie

Jonathan Jones +

Proven in Court y* IS"" day of

Janewary 1696-7

Test ^ John Stepney Cler

Recorded March 26* Anno 1697 '§ John Stepney Cler

Albemarle Know All Men by these presents that I Thomas I^epper
doe hereby Constitute And Appoint My trusty freind M' Caleb Calleway
My true And Lav»rful Attorney for ^le ^\.nd In ]\Iy Name to Appeare
At y° Court of y^ p'"cinct of Pequimons And thare acknowledgment to
Make of a Certaine deed of Sale Made from me y" Sd Thomas Lepper
unto Tb.omas Long of A Certaine plantacon & Land Situate In Yawim
Creeke in y' p^-inct Afore Sd And I doe Here by Ratefy And Confirme

COLONIAL RECORDS. 485

w' My Sd Attorney Sliall by vertiie of these p''sents doe therein And y'
Same doe hold to he good And firme In Law As if I My Selfe had In
'l^son ^foruied y" Same Witnes My hand and Seale y'' 5 of December
An" Dni 1694

Signed Sealed And deHvere<l ^ Tho: Lepper -f

In p^^sents of Thomas Gougli [

Thomas T S Slcjihens Proven in Court y^ 13 day of

W. Glover J Janewary 1696-7" by y' oath of Tho:

Stephens Test '^ John Stepney Cle
Rec-orded March y" 26 Anno 1697 ^ John Stepney Cler.

April 1697

At A Court. Houlden fPor the p''cinct of Picpiemons At y° Hous of M''
Thomas Blunt y' Secont Monday In Aprill 1697 p-'sent M"' Calel) Calle-
way Judg C'ap' Ralph ffletoher M'' John Bari-ow M"' Jojm Godfry Mr
John Whedby IVP Samuel Nicholson

Mary Peterson Proved A Letter of An Atturney of Jacob Petersons
by the oath of Stephen IManwaren James Anderson.

ftrancis Tomes Aturney to William Yas And Joanna his Wife Ac-
knowledged A dale of Sale to Stephen Manwared for A plantation And
Shee In '^son present.

ffrancis Tomes Proved A Letter of Atui-nney of William Voses by
Joshua Tomes.

Richard Nowel And EUener His Wife Acknowledged A dede gift of
two Hundred Acres of Land to Allis Nowel his da

Richard Nowell And Ellener His Wife acknowledged A ded of Sale
for two Hundred acres of Land to Albert Alberson Juner Richard
Batcheler And Katherine His Wife Acknowledged An Asignement of A
plantation to Jenkins Williams
William Wilkinson vars Jonathan Tailor

In a plea of dept y* said Tailor Confessed Judgment Order That Jona-
than Tailor pay to William Wilkinson eighteen pound thirteen Shilling
With Cost

The Court is A Jurned till to Morro eigh A clock

John Hopkins vars Georg Mathes

In a Plea of y' Case thare being a fait In y° declaration ordered that
John Hopkins be nonsuted And pay Cost
James Oats Aturney to M" Thoms Blunt vars William Mansell

In a plea of dept thare being A fait in y^ declaration ordered that
James Oats be nonsuted And pay Cost.

486 COLONIAL RECORDS.

M'' John Whedby Acknowledged A dede gift to liis Son Richard
Whedby And to his daughter Debro Whedby
John Lilly vars Thomas Houghton

In a plea of debt The Court Referd It to y° Jury y^ Jury on thare
oatlies Say Wee find It to be No Lawfull Arest It being Repugnant to
the Lawes of england this is a posetif vardet

Ordered the James ffuget deputy Marshall pay Cost y° Said ffuget
Craves An Apele In Chancery He Haven given Securitie his Apele Was
Granted.

Upon a peticon of William Brathet Shewen that Charles Mackdauel is
Indepted to Him Eigh pound And He Haven obtained Attachment
Against y* estate of y^ Said Mackdanel And y'^ Hoggs & Cattel being
Attached ordered that William Brathet be paide his Just dept of eigh
pound with Cost of Sute

LTjJon A peticon of Thomas Johnson Shewen that Tliomas Nichols is
Indepted to Him And y° Said Nichols Assumed to pay to Georg Mathes
thirty Shillings And Nine pence that is doo upon y* book And He Haven
Not given y' Said Mathes Credet oi'dered that James ifuget boockeper
give credit for y^ Said Sura

ordered that Abraham Hobs Lenord Loftis James Oats And Richard
Nowel be overseers of the Hi Wayes

Ordered that M'' Caleb Callew And M'' John Barrow Summons John
Lilly Robart Harman Johnathun Tailor to Receive y'' oath They being
Apointed Constabels By the Court.

Samuel Nicholson Maken Apeare That he Has Sattisfied His brother
Nathaniel Nicholson His part, of ye Estate that His ftather Left Him
ordered that Samuel Nicholson bond be delivered up.

CALEB CALLAWAY
RALPH FFLETCHER
JOHN BARROW
JOHN WHEDBE
SAMUEL NICKOLSON

July 1697
At a Court Houlden for this p^'inct at y* Hous of M' Thomas Blunt

y' Secont Monday In July 1697 p'sent M' Caleb Calleway Judg
Cap' Ralph ffletcher M' John Barrow M'' Samuel Nicholson
Collora fflyn Proved a Jjetter of Aturnney of Lorance Hunts and

Elizabeth Hunt

Collom fflyn acknowledg an asignment of a Patten to John Morgan

As he M"as Atturnney to Lawrauce Hunt and Elizabeth his ^Vi

COLONIAL RECORDS. 487

James Hibins and Jane Harbnt ackuowledg a ded of Sale to Thomas
Norcom for tw Hundred and Eighty acres of Land.
John Lilly vars Thomas Houghton

In a plea of dept y° Said Houghton confesed Judgment ordered that
Thomas Houghton pay to John Lilly forty three Shillings & eigh peence
With Cost of Sute.

James Oats Atturney to M' Thomas Blunt vars William Man-
sell

In a plea of dept y' sd Mansell Confesed Judgment ordered that Wil-
liam Mansell pay to M'' Thomas Blunt thirty two Shilling & two pence
With Cost

James Oats proved a letter of Aturney of M' Thomas Blunt by
Stephen Manwaren.

James Oats proved a letter of Atturney of Peter Panel by y' oth of
Stephen Manwaren

Edward Homes proved Writs for fifteen ^sons transported Into this
County Whoese name are under Wretten vis him Selfe Elizabeth his
Wife Tho : Homes E^dward Homes Juner J]dward Homes Sener Eliza-
beth his Wife Tho : Homes Edward Homes Juner Sarah Homes Eliza-
beth Homes Edward Homes Sener Elizabeth his Wife Thomas Homes
Edward Homes Juner .lohn Homes ordered that ffrancis Copen & Timo-
thy clare be overseers of the High Ways.

Upon a peticon of Margret Panel Shewen that hir Husband is de-
parted y" County and has Left grate parte of My Estate In James Oats
Hands Which is Surreptusly detained Ordered That James Oats Keep
In his Custodie all y^ Estate that is mentioned in his bill of Sale till y'^
Said Panell com and Satisfie y' Court al)out y" Children Estate Given
them by y^ T^ast Will and Testemony of John White desesed

CALEB CALLAWAY
RALPH FFLETCHER
JOHN BARROW
SAMUEL NICHOLSON

October 1697
At a Court Holden for the precinct of }iiquemous At the Hous of
Thomas Blunt y' Secont Monday In October 1697 p''Sent Cap' Ralph
ffletcher M' John Whedby y° IS"* day psent Caleb Calleway Samuel Nich-
olson.

The Court is Rejorned till Monday next being y'' 18"" da

488 COLONIAL RECORDS.

Daniel Snuk Acknow A Convaence for two hundred Acres of Land
to John Lilly

John flowers And Susana his Wife Acknowledg A ded of Sale for his
plantacon and three Cowes & C^al

John Lilly vars David Sharwood In a plea of dept y^ said Sharwod
Confesen Jndgment ordered y' y^ Sd Sharwotl pay to John Lilly forty
shillings y° one half In pork and y" other haf in Indian Corn With Cost
of Sute

Richad Baehekler plaintef vars William Barrow Exceoetor to John
Bentley thare being a folt in y'^ declaration ortlered that he be Non Suted
And pay Cost

Jenkins William And Johanna his Wife Acknowledg An Assignenient
of part of a patten ibr on hundretl And fifty eigh Acres of Land to
Joseph Benet

John Spence proved three Rits for three "^sons transported Into this
County Whoes names are under Wretten vis him Selfe Cattern his Wife
Robart Spence.

Alexander Spence proved Rits for five ^sons transported Into this
County hoes names are under Wretten vis himselfe Dorety Spence John
Spence Daved Spence James Spence.

John Shaw proved on Rite for his transportation

John Hancock acknowladged a ded of Sale to Richrd Woolard for
three Hundred Acres of Land

Diana White vars Daved Harris In a plea of det and y^ Said White
not apearen ordered that Diana White be nonsuted and pay cost

Elisabeth Viner And Ann Viner Acknowledg An Indenter to y°
Hon*"' Thomas Harvey Esq" Deputy Gov''

James Beel And Mary Beel acknowledg an Indentr to William Car-
man

Upon CALEB CALLOWAY

RALPH FFLETCHER
JOHN WHEDBE
SAMUEL NICHOLSON

January 1698
At A Court tlor the Precinct of Piqnemons At the House of M'' Tho :
Blunt y° Secont Monday In Janewary 1698 p'Sent M"" Calleb Calleway
Capt ' Ralph ffletcher M'' John Whedbe M' John Barrow M"^ Samuel
Nicholson

The Ct)urt Is A Jurn to M' Jeames Oats.

The Courts^Met At y° Hous of M' Jeames Oats.

COLONIAL RECORDS. 489

Coreiiall William Wilkinson And Cap* Henderson Walker Ex"" of
Majer Allex Lillington desesed var« Richard Baohelder y" Sd Bachel-
der eonfesed Judgment ordered that Richard Bachelder pay to Hender-
son Walker fower pound Seven Shilling And two peence With Cost In
poork

Robert Beasle vars Richard Bachelder in a plea of Debt y" sd Bach-
elder Confesed Judgment ordered that y^ Said Richard Bachelder pay to
Robart Beasle twelfe pound Starling In poork With Cost of Sute

Cap' Henderson Walke And Corli William Wilkinson Ex of Majer
Alex Lillington desesed vars Jonathan Batman y^ Sd Batman not
Aparen ordered that y'^ Shrife bring y^ bodie of y" Sd Batman y' Next
Cort

Cap' Henderson Walker And Cor" William Wilkinson Ex" to Majer
Alex Lillington vars diana White In A plea of debt y'' Sd White Con-
fesed Judgm ordered that Diana White pay to Henderson Walker fifteen
pound on Shilling And fower pence In poork With Cost of Sute

Cap' Henderson Walker Maken Apear that John Chamberlin Is In-
debted to Majer Alex Lillington one pound Nine Shilling and Seven pence
And he haven obtained An Attachment Against his Estate and on Mare At-
tached At y" Sut of Alex Lillington ordered that y" Shrife Make Saile
of y^ Mare Apraised According to Law And pay to Henderson Walker
on pound Nine Shillings And Seven pence With Cost And y'^ over plush
to Return to y^ Sd Chamberlin

Gabrill Newbe Acknowleclg A ded of Saile for Land to Charles Scot

Charles Scot Acknowledg A ded of Saile for Land to Gabrill Newbe.

William Edward acknowledg a ded of saile for Land to Arnall White
John Cartrite

Gabrel Newby Atturney to Elizabeth Charles And Samuel Charles
Acknowledg A dede of Sale for Land to Charles Scot David Sharwood
And Jane his wife Acknowledg A ded of Sale for Land to John Pricklov

Dina Butler Acknowledg A ded of Sale for Land to William Moore
Beniamin Laker and Julian His Wife vars Anthony Dawson.

In a plea of y*' Case y" Court Referd It to y'' Jure y'' Jure on thare
oathes Say they find for y" Plaintef eigh pound Sixteen Shillings &
aleven peence ordered that Anthony Dawson pay to Beniarain Lakar
eigh pound Six Shillings & Aleven peence with Cost of Sute
Anthony Daw^son vars Beniamin Laker

In a plea of y° Case y* Court Referd It to y* Jure y* Jui'e on thare .
oathes Say thay find for y* Plaintef Seven pound Nine Shillings & Nine

58

490 COLONIAL RECORDS.

peence ordered that Beniamin Laker pay to Anthony Dawson Seven
pound Nine Shillings & Nine peence With Cost of Siite

Gabrell Newby and Thomas Overman proved a Will of Joseph Nich-
olsons Samuel Nicholson being Exee And John Nicholson to Joseph
Nicholson

flames ffisher Acknowledg A ded of Saile for Land to William White

Gabrell Newby Proved A Letter of Atturnney of Elisabeth Charles
is by ffrancis Tomes

Ellener Hibbens Acknowledg a deed of Saile for hir part of Land to
Tho: Norcom

Ordered that Tiraethe Clare And Isack Wilson be y^ Keepers of y*

toole bookes of Piquemons Precinct Timothy Clare on y" West Sid and

Isack Willson on y" Es' Sid

CALEB CALLAWAY

RALPH FFLETCHER

JOHN BARROW

JOHN WHEDBE

1698.

[B. P. R. O. B. T. Pkoprieties. No. 25. p. 196.J

W. BRIDGMAN TO W. POPPLE.

S'

In answer to your Letter of yesterday. I send you enclosed an ace' of
the Officers appointed in the Courts of Admiralty in North and South
Carolina, according as is desired by your said Letter. I am

S'"

your most humble servant
Wm BRIDGMAN
Adm'y Office

16*'' Feb 1697-8.

LIST OF THE ADMIRALTY OFFICERS IN NORTH AND .SOUTH CAROLINA

M' Edw : Hill — Judge 1 of the Colony ( Appointed by an Order

Miles Carey — Register I of Virginia j to y* Govern' of those

Mich : Sherman — Marshal j and North ! Colonys for the time being

Edw: Chilton — Advocate J Carolina (^ Dated the 19"' of April last

COLONIAL RECORDS. 491

M'Jos: Norton — Judge ^ of South T Appointed by an Order
The : Carey — Register ( Carolina ) of S"" Chas : Hedges

R" Pollinger— Marshal ' the 29"- of April 1691.

Jon'' Arniorey — Advocate J (^

And an Order was given to S'' Chas: Hedges Judge of the High Court
of Admiralty the 28"' of May 1671. to prepare Letters Patents, empow-
ering the Governours of those Places for the time being to appoint such
Officers when any vacancies shall happen.

[B. P. R. O. North Carolina. B. T. Vol. 4. p. 57.]

London 9"" y' 3* 1698
Gentlemen

Having this opertunity by a friend of M' Archdale & mine who In-
tends to Inhabit among you I could not omitt letting you know that
your Letters are rec* by y* Lords but by reason of y" calling of a new
parliara' most of y™ being now in y" country you may expect their an-
swer & directions ^ first oportunity after there Returne, the most mate-
rial matter is that of y^ Governor of Virginia settling by virtue of the
Kings Comiss" Judges of y° Admiralty with you, I have had .some dis-
course with y° Earle of. Bathe about it, who very well ajiroNes of your
answer to y* said Governors Letter but we were both of y° opinion, that
if they v/ill force such a thing upon you, it is better at this time to suffer
it, then to give any occasion of a dispute, this I thought fitt to acquaint
you of my owne head, having not at present y" oportunity of a better
advice by y" next you will have y** opinion of y^ board of y' Lords
pro])'"' concerning all your matters, till then I have no more to add but
that I am

Your most affectionate
friend

THO: AMY
To Tho: Harvey E.sq'' Dejnitv

Governor and to Our Councell
of North Carolina

492 COLONIAL RECORDS.

FB. P. R. O. H. T. N. Carolina. Vol. 4. p. 58.]

BY THE LORDS JUSTICES OF ENGLAND

Tlio : Cantuar

Pembroke

Devonshire

Dorsett

Marlborough

To the right honorable the Lords Proprietors of his Majesty's Prov-
ince of Carolina in America Greeting His Majesty having been informed
that the Navall Officers being y^ Persons apointed by y^ Governours in
his respective Plantations in America to take Bonds and give Certificates
for clearing of ships have generally neglected to comply with the dii'ec-
tion of y^ late Act of Parliament for preventing frauds & regulating
Abuses in y" Plantation Trade which dt)S require their giving security to
y' Comissioners of y" Cn.stomes in England for y^ due discharge of their
Trust, And it having been farther represented to his Maje.sty that besides
y® security which y* said Navall Officers are obliged by Law to give, it
would be very expedient that according to y* constitutions of y* Customes
in England which has provided a controule upon y" action of every Offi-
cer imployed therein the Concurrence of the Collectors apointed by y^
Comis'^ of y' Customes in his Majesty's respective Plantations should
also be made necessary to so important an act as that of signing Certifi-
cates for clearing of ships. His Majesty taking y^ same into consideration
is hereby pleased to declare his Will and Pleasure, and you are accord-
ingly hereby required forthwith to give directions to your Governor
that he takes care that y^ Navall Officer or officers in His Majesty's
Province of Carolina in America under his Goverm* doe give security
for y' clue discharge of his or their Trust to such Person as is or shall
be apointed by y^ Comissioners of His Majesty's Customes for that pui'-
pose according to y" direction of y'' forementioned Act of Parliament
And likewise that he doe not admitt or allow any Certificate signed by
y" Navall Officer or Officers aforesaid for y" clearing of ships within His
Majesty's said Province of Carolina in America to be valiil and effijctual
for that end without y' Concurrence of y^ Collector apointed there by y"
Comis"^ of His Majesty's Customes. Given at Whitehall the IS"" day
of 9''" 1G9S in the tenth year of his Maj'^'^ Reigne

By their Excellencys Command

JA. VERNON

.COLONIAL RECORDS. 493

[Records of Perquimans Precinct Court.]

April 1698

At A Court Holden for the Precinct of Pequemons At the House of
James Oats the Secont Monday In Aprill 1698 p'sent

M' Caleb Callevvay Cap' Ralph ffletche M"^ Samuel Nicholson

Daniel Hall proved two Rits one for his transportation And one for
his freedum

Robart Smith proved on Rite for his transportation into this County
And Asigne It to John Dawson

John Dawson proved on Rite for his transportation into this County

Rose Ingan proved one Rite for hir transportation Into this County
And Asigned It to John Dawson

Mager Samuel Swann vars Stephen Manwaren In A plea of debt y^
Sd Manwaren Confessed Judgment ordered that Stephen Manwaren
pay to Samuel Swann thirty three Shilling And fower peence With Cost
Ales Exeecuti

Cor'' William Wilkinson And Cap' Henderson Walker Excetors of
Alex Lillington desesed vars Jonathun Batman In a plea of debt y"
Sd Batman Confesed Judgment

ordered that Jonathun Batman pay to Capt Henderson Walker thirty
Shillings in Pork With Cost

ordered that Thomas Norcom be overseer of y^ high Way from y*
Brig that y° Chowans Men Makes over yoapim River to y* Indien Crick

And to Make A brig over y° Crick And to Mark And Cleare to y^
next maine Rode not Inieren no Man's Plantation and to Mark And
Cleare Along y* ould Roade to Jeames oatses

ordered that Edward Orendal be overseer of y° High Wayes on y^ Est
Side of Yoapim Crick

ordered that WiUiaiii Booge be Cunstabel one y° Narroes of pique-
mons to Suttens And to M' leakers Crick on y^ West Side

CALEB CALLAWAY
RALPPI FFLETCHER
SAMUEL NICHOLSON

May the Sevent 1698 Abraham Warren Recorded A dark Ba}- Mare
C'Oult Which he bough of Margaret Pavel to Run Shee And hir Increse
for y^ yous of y" Sd Margret Pavels Children Elisabeth Tederton y° first
Coult William Tetterton y= Next Daniel Hall y' Next William Hall
next.

494 COLONIAL EECORDS.

July 1698

At A Court Houlden for the p''cinct of piquemon At j" house of M"'
James Oats y' Secont Monday in July 1698 p'sent M' Caleb Calleway
Cap' Ralph ffletcher M' John Barrow M' Samuel Nicholson AMlliam
Long And Sarah his Wife Exee to Lawrance Consalvo proved his Will
by y° oth of Thomas Norcom And Mare his Wife and Sarah Blank

Mary Peterson Excecetrix of Jacob Peterson decesed Proved his Will
by y° Oathes of James ftruget And Marthe ifruget

Mare Peterson Acknowledg a dede gift mad to hir daughter Ann
Peterson

William Steward vars Thomas Norcom In A plea of y" Case And
both parties bein agreed ordered that Tho : Norcom deliver the Cow And
yearling to y* Sd Steward he paying to y* Sd Norcom on hundred pound
of good tobacc With Cost Ales Excecution

Samuel Hearst proved Bits for fower "^sons transported Into this
County Whos Names are under Written vis himselfe Jane Chaddock
John Doughatre Jane Jane Daughatre

Hennerv Norman proved Rites for eight '^sons transported Into this
County Whoes Names are under Wreten vis him Selfe Mary liis Wife
Andrew Ross Mary Ross Thomas Ross John Sinmions Georg Waide
James Ross

Upon A petition of William Long And Sarah liis Wife Shewing y'
Lawrance Consalvo hir Sun is ded haven Made A Non quetecall Will
It is ordered that William Long have y" Adm"" of y° goods And Chat-
tells of y* Sd Lawrance Consalvo estate haven entred Into bond And
Securitie for y* Same

Samuel Nicholson And John Nicliolson Exce of Joseph Nicholson
desesed Acknowledg An Asignement of A Convaance to Andrew Reed

Ordered that Jenkins Williams be overseer of y'' high M'ays on y^
Sound Side

Ordered that Samuel Charles be overseer of y'' high M'ays from y^
Siprus brig to y^ head of Caseltons Creek

ordered that Georg Sutten be. overseer of y" High Wayes beginen at
v" usal place at deep Creek and so to y" Run of Suttens Creek

ordered that ffrancis Tomes Juner be overseer of the Higli M^iyesfrom
v' Run of Suttens Creek to y^ Run of Vosel Creek

ordered that Richard Adkinson be overseer of y* High Wayes from y^
tforrd in Little River to Suttons Creek brigd.

CALEB CALLAWAY
RALPH FFLETCHER
JOHN BARROW
SAMUEL NICHOLSON

COLONIAL RECORDS. 496

July y' 12'" Anno 1698 Ralph ffletcher Sener Recorded His Marke
being on y" Right Eare a Slet and a Slet and a halfe penney on y" uper
Sid and ond y" Left a nick on y^ under Sid of y* ear

July y° 12"' Anno 1(398 George ffletcher Recorded His Marke being a
crop and a Slet and a halfe peney Li y" Rite eare and on y" Left eare a
Halfe peney At y' roote on y° uper Side of y" eare

Sarah ffletcher Recorded Hir Marke y^ 12"^ day of July Anno 1698
being a Crop and a Slet on y'^ Rite eare and a halfe peney And a Nick
on y" under Side of y' Said eare.

July y° 12"' Anno 1698 Margret ffletcher Recorded hir mark being a
Crop and a Slet and a halfe peney and a nick on y" luider of y° Right
eare and in y' Left eare a Slet.

July y^ 26*'" Anno 1698 Robart Dugles Recorded His Marke being a
Swollofork And A Hole In y" Right eare and an over Keele In y° Left
ear

July y^ 27 Anno 1698 John Hawkins Recorded his mark being a Crop
on the Left eare and an under Keele on the Right Eare

October 1698.

At A Court Holden At the house of M"" James Oats the Secont Mon-
day In October 1698 p''sent

M'' Caleb Callaway M"^ John Whedby
M"' John Barrow M"^ Samuel Nicholson

Mistres Elisabeth Swann y* Wife of Mager Samuel Swan y*" Rellock
of Cap' John ft'endall decesed Acknowledg A deed of Sale for A tract of
Land in Chowwan to Capt Henderson Walker barin date y^ 18 Day of
May Anno 1698

Mager Samuel Swann Acknowledg A dede gift to Capt. Henderson
Walker for the yous of Mistres Elisabeth Swann

Elisabeth Gardner y" Rellock William Gardner desesed p'sented hir
selfe before y° Court to bind hir Son William Gardner to y" Hon'''
Govener Thomas Harvi or his Heires thay Ingagen to Learn him to
Reed Which In or to Was doon till he conies to y° Age of Twenty on
yeares he being five years ould now a fortnite before Crismas

M' Caleb Calleway proved A Letter of Atturney of James Hogg And
Ann Hogg by y* Oates of William Long And Sarah Long

M"" Caleij Calleway Atturnney to James Hogg And Ann Hogg
Acknowledg An Asignment of A Convaence for I^and to Thomas Long

Ordered that Timothy Clare be overseer of y^ High Way from y^
Runn of boses Creek to y' place Covenant to make A brig xlt y" head of
y' river And ^sons that are Willing Are requiered to Assist In y° Mak-
ing of y" brig

496 COLONIAL RECORDS.

Ordered that James ffislier be sepened before M' Caleb Calleway And
M"' John Barrow to Answer a Complant mad by the Constable And to
Sepene Thomas Norcom An Evedence

M'' Caleb Calleway Attnrney to James Hogg And Ann his Wife
pro vet thare Letter of atnrney by William Long and Sarah Long

CALEB CALLAWAY
JAMES BARROW
JOHN WHEDBE
SAMUEL NICHOLSON

1699.

[B. P. R O. B. T. N. Carolina. Vol. 4. p. 59.]

ORDERS AND INSTRUCTIONS TO OUR RIGHT TRUSTY
AND RIGHT WELLBELOVED, OUR RIGHT TRUSTY
AND WELLBELOYED OUR TRUSTY AND WELLBE-
LOYED THE LORDS PROPRIETORS OF CAROLINA IN
AISIERICA IN PERSUANCE OF SEYERALL LAWS RE-
LATING TO Y'= TRADE AND NAVIGATION OF THIS OUR
KINGDOME OF ENGLAND AND OUR COLON YS & PLAN-
TATIONS IN AMERICA GIVEN AT KENSINGTON Y^ 22*
DAY OF JANUARY IN Y'' TENTH YEARE OF OUR
REIGNE.

William R

You shall give directions and take especiall care that y" Comander in chief
of our Province of Carolina for y" time being doe in y" first place informe
himself of y° Principall Lawes relating to y* Plantation Trade vizt.
The Act for inconraging and increasing of sliipping and navigation made
in y° 12"" year of our most Dearly Beloved L^ncle of ever Ble.ssed
Memory King Charles y° Second, The Act for preventing frauds and
regulating Abuses in y^ Customes made in y^ 14*'' yeare of y' said King's
Reigne; The Act for Encouragem' of trade made in y° 15"" year of y^
.said King's Reigne ; The Act for regulating Plantation trade made in y*
22'' and 23* year of y" said King's Reigne; The Act for y" Enconragem'
of y' Ea.stland and Greenland Trade and better securing y^ Plantation
Trade made in v^ 25"' veare of v' said King's Reigne, and y° Act for

COLONIAL EECORDS. 497

preventing fraudes anil regnlating abuses in y" Plantation traile made in
ye 7th ^,^(^j gth ypjjj. ^-^f y^^j, jjgigii All Avhich Lawes you will herewith re-
ceive, and that he take a Solemn Oath to doe his uttmost that all y"
Clauses matters and things contained in y" before Recited Acts of Pari""'
heretofore passed and now in force relating to our Colonys and Planta-
tions be punctually observed according to y^ true Intent and meaning
thereof.

2'"-^ And as by y" last recited Act y* Officers apointed by y* Governors
for performance of certain tilings mentioned in y° aforesaid Act for y®
Encouragem' of Trade comonly knowue by y' name of Navall Officers
are to give security to y" Comis'^ of Our Customes in England for y"
time being or such as shall be a]iointed by them for our use for y* true
and faithfull Performance of their Duty and shall take care that y° per-
son by him so imployed do not only give such security to y^ said Comis"
of our Customes but be approved of by them in manner as is thereby
enjoyned.

3'iiy Whereas by y' said Act of Navigation no goods or Comoditys
whatsoever are to be imported into or exported out of any of our Lands
Islands or terri{orys in America in any other ships or vessels whatsoever
but in such as do truly and without fraude belong to our People of Eng-
land Ireland Dominion of Wales, or towne of Berwick upon Tweed or
ai'e of y° built of and belonging to any of our Islands s* Lands or terri-
torys as y* Prop''^ and right owners thereof, and whereof y* Master and
three fourths of y^ Marriners at least are English under y* forfeiture and
loss of all y^ Goods & Comoditys which shall be imported into or ex-
ported out of any of y* said places in any other ship or vessell as also of
v° ship or vessell with her Guns and furniture &c, and whereas by a
Clause in y° aforesaid Act of fraudes no forreigne built shiji (that is to
say) not built in any of our Dominions of Asia, Africa or America or
other then such as shall bona tide have been bought l)efore y" first day of
October 1662 and expressly named in a list thereby appointed to be made
of all forraigne built ships in all y" ports of England shall enjoy y°
privilege of a ship belonging to England or Ireland, altho' owned or
maun'' by English, except such ships onely as shall be taken at sea by
letters of Mart or Reprizall and condemnation made in y" Court of Ad-
miralty as lawful Prizes, But all such ships shall be deemed as Aliens
ships, and be lyable to all Dutyes that Aliens ships are liable to, by vir-
tue of y° aforesaid Act for y^ encouraging and increasing of shipping and
Navigation and whereas l)y a Clause in y" aforesaid Act for j)reventing
fraudes and regulating Abuses in y" Plantation trade, 'tis enacted that
59

498 COLONIAL RECORDS.

after y^ 25"" of March 1698 no Goods or Merchandize whatsoever, shall
be imported into or exported out of any of our Colonys or Plantations
in Asia, Africa or America or shall be loaden in or carryed from any one
Port or place in y* same our Kingdom of England, Dominion of Wales
or Towne of Berwick upon Tweed in any ship or bottom but what is or
shall be of y" Built of Enghuul or of y" Built of Ireland or of y" sayd
Colonys or Plantaticjns and wholly owned by y^ people thereof or any of
them, and navigated with y^ Master and three fourths of y' Marriners of
y^ said Places onely except such ships onely as shall be taken prize and
condemnation thereof made in one of our Courts of Admiralty in Eng-
land, Ireland or y' sayd Colonys or Plantations as aforesaid, and whereof
y" property dos belong to English men with an exception for 3 years to
such foreign built ships as shall be imployed by y^ Comissioners of our
Navy for y° time being or upon Contract with them in bringing onely
Masts, Timber, and other Navall stores for our service from our Colonys
or Plantations aforesaid to this our Kingdome to be navigated as afore-
said and whereof y' property dos belong to English men on y° paine of
y* forfeiture of y^ ships and goods And whereof by another Clause of y"
said Act for y° more effectuall prevention of frauds which may be used
by colouring foreigne ships under English names tis further enacted that
from and after y^ 25* of March 1698 no ship or vessell whatsoever shall
be deemed or pass as a ship of y° Built of England, Ireland, Wales,
Berwick, Guernsey, Jersey or any of our Plantations in America so as
to be qualified to trade to from or in any of y^ said Plantations untill y"
Person or Persons claiming property in such ship or vessell shall regis-
ter y'' same in maner thereby apointed. The Comander in chief of our
Province of Carolina for y* time being shall take care and give in charge
that these matters and things be duely observed in our said Province ac-
cording to y'' true intent and meaning of y^ said Acts, and y" Offences
and Offenders prosecuted according to y*' directions thereof And where it
is required that y° Master and three fourths of y" Marriners be English
he is to understand that y' true intent and meaning thereof is that they
shall be such during y^ whole voyage unless in case of sickness Death or
being taken prisoners in y' voyage to be proved by y* Oath of y° Master
or other chief officer of y* ship and none but our subjects of England,
Ireland or y' Plantations aforesaid are to be accounted English

4«iiy Whereas by y" said Act of Navigation tis further enacted for
every ship or vessell which shall sett saile out of or from England, Ire-
land, Wales or Berwick upon Tweed for any English Plantation in
America Asia or Africa sufficient bond shall be given with one Suretv to

COLONIAL RECOEDS. 499

ye° cheif officer of y° Cnstomes of such Port or Place from whence y"
said ship shall sett saile to y° value of £1000 if y" ship be of less burden
then hundred tons and of y° surae of £2000 if y° ship shall be of greater
burden, that in case y" said ship or vessell shall loade any of y^ Comod-
ityes therein enumerated, vizt, sugar Tobacco, cotton, wooll, Indigo,
Ginger, Fustiek or othev dying wood of y" growth production or manu-
facture of any English Plantation in America Asia Africa or any of y"
said English Plantations that y^ same Comodityes shall be by y® said
shiji bi-onght to some Port of England, Ireland, Wales or to y" Port or
Towne of Berwick upon Tweed and be there unloaden and put on shore
(y" danger of y" seas onely excepted) and for all ships coming from any
Port or Place to any of y° aforesaid Plantations which l>y this Act are
permitted to trade tliere that the Governor of such English Plantations
shall before y* said ship or vessell be permitted to loade on horde any of
y* said Comodityes take bond in maner and to y° value aforesaid for each
respective ship or vessell that such ship or vessell shall carry all y" afore-
said goods that shall be loaden on board y" said ship to some other of
our P^nglish Plantations, or to England, Ireland, Wales or Berwick and
that every ship or vessell which shall loade or take on bord any of
y^ aforesaid untill such Bond be given to y° said Governor or Certificate
produced from y° Officer of any Custome house of England, Ireland,
Wales or Berwick, that such Bond has been duely given there shall be for-
feited with her Guns Tackle, Apparell and Furniture to be imployed and
recovered as therein is directed. He is to take notice that tho' by y" said
Act y^ word (Ireland) is to be inserted in y^ condition of y** Bond and
permission given thereby to being y" enumerated Plantation Goods to
Ireland as well as to England Wales or Berwick, yet by y° aforesaid Act
for regulating y" Plantation Trade (which being expired was revived and
now in force (y* word Irelaiyl) is to be left out of y^ condition of such
Bonds, and he is not to permitt any ships or vessells to loade any of y°
enumerated Goods upon any Certificates of Bonds having been given in
Ireland, but in that case before they loade any of y" said goods, they are
to produce certificates of Bonds given in England, Wales or Berwick
under y^ hands and scales of y* Customer and Comptroller of our Cus-
toms or their Deputys in such Port from whence y'' respective ships shall
come syned also by four or more of y^ Commissioners of our Cnstomes
in Ireland or to give bond to himself or y* person apointed to receive y®
same with good security as aforesaid and if any ship or vessell shall
trade or take on bord any of y'' said Comodityes untill such Bond given
or Certificate produced y^ said ship or vessell is to be forfeited with her
guns &c to be_ recovered and divided in maner as is thereby directed :

500 COLONIAL RECORDS.

gthiy jjg gj^jjjj carefnlly examine all certificates which shall be brought
to him of ships giving security in tiiis KingJome to bring their loading
of Plantation Goods hither as also certificates of having discharged their
loading of Plantation Goods in this Kingdom pursuant to their Security
and v/here there shall be reasijnable Ground of suspition that y° certifi-
cates of having given security in England is false. In such case he or
y* person apointed under him shall require and take sufficient security
for y" discharge of y^ Plantation lading in our Kingdom of England
Dominion of Wales or at y^ towne of Berwick upon Tweed, and where
there shall be cause to suspect that y* certificates of having discharged y^
lading of Plantation in this our Kingdom is false & counterfeit he shall
not cancell or vacate y° security Given in y' Plantations untill he shall
be informed from y^ Comis"' of our Customs in England that y° matter
of y* said certificate is true, and if any person or persons shall counter-
feit raze or falsify any such certificate or shall Knowingly or wittingly
make use thereof he shall prosecute such person for y° forfeiture of y"
sume of £500 according to a clause of y" afores"* Act for preventing frauds
or regulating abuses in y" Plantation trade, and pursuant to y° said Act
he shall take care that in all such Bonds to be hereafter given or taken in
y" Plantations vizt. in our Province of Carolina y'' sureties therein named
be persons of Knowne Residence and ability there for y^ value mentioned
in y* said Bond be within 18 months afl:er y* date thereof (y" danger of
y" seas onely excepted) to produce certificates, of having landed and dis-
charged y^ Goods therein mentioned in one of our Plantations or in our
Kingdom of England, otherwise to attest y* copy of such Bond under
his hand and scale, and to cause prosecution thereof.

gthiy jjg jg ^^^ understand that y° paym*^ of y" rates and Dutys imposed
(by y' Aforesaid Act for y* Encouragem' of y^ Eastland and Greenland
Trade and for y° better securing y* Plantation trade) on y° severall Plan-
tation Comodityes therein anumerated dos not give liberty to carry y'
said goods to any other place then to some of our Plantations or to Eng-
land, Wales or Berwick onely, and that notwithstanding y" payment of
y^ said Dutys, Bond must be given to carry y" said Goods to some of our
Plantations or to England, Wales or Berwick, and to no other place.

7thiy jje ghaii every three months or oftiier or otherwise as there shall
be oportunity of conveyance to England transmitt to y° Comis"^ of our
Customes in England a list of all ships or vessells trading within our
said Province according to y° forme and specimen herewith sent to you
and he shall cause demand to be made of every Master at his clearing of
an Invoyce of y^ contents and quality of his lading &c according to y'

COLONIAL RECORDS. 501

forme hercwitli also sent you and to inclose copy thereof by some other
ship, or for want of such oportnnity by y" same ship under cover sealed
and directed to y" said Coniis" of our Cnstoraes in England and send
another copy thereof in like manner to y' Collectors thereof of tliat Port
in England for y' time being to which such ship shall pretend to be
bound.

8° Whereof by y" aforesaid Act for y° encouragem' of trade no Como-
ditys-of y' gro\\i:h, production or manufacture of Europe except salt for
y* fishery of New England, & Newfoundland, wines o^y' growth of
Maderas or western Islands or Azores Servants and horses from Scotland
or Ireland and all sortes of victuals of y^'growth and production of Scot-
land and Ireland shall be imported into any of our Colonys or Planta-
tions but what shall be bona tide and without fraud laden and shipt in
England, Wales or at Berwick and in ships duely qualifyed; He shall
use his uttmost endeavour for y' due observance thereof, and if contrary
hereunto any ship or vessell shall import into our said Province any
Comoditys of y'' growth production or manufacture of Europe but what
are before excepted of which due proof shall not be made that y'' same
were laden or shipt in some Port in England, Wales or at Berwick by
producing Cackets or certificates uijder y' hands and seales of y' Officers
of our Customes in such Port or Place where y^ same were laden, such
ship or vessell and goods are to be forfeited He is to give in charge that
y* same be seized or prosecuted accordingly.

9° And in order to prevent y^ acceptance of forged Cockets or certifi-
cates which has been practised to our great prejudice he is to give effec-
tuall orders that all such European Goods as by y' said Act are to be
shipt or laden in England, Wales or at Berwick, Cockets for y*' same
from hence be produced to y' Collector or other officers of our Customes
in our said Province of Carolina for y'= time being before y"' unlading
thereof. And he shall give order that no European goods be landed but
by warrant of y' said Collector in y' presence of an Officer apointed by
him, and for y' better prevention of frauds of this kind the C'omander
in chief of our said province for y' time being shall take care that ac-
cording to y^ said Act of trade no ship or vessell be permitted to lade or
unlade any goods or Comoditys whatsoever mitill the Master or Coraan-
der thereof shall first have made knowne to him or such officer or other
person as shall be thereunto Authorized and apointed y' Arrivall of s'^
ship or vessell with her name, and y' name and Surname of her Master
and has shewne that she is a ship duely navigated and otherwise qualifyed
according to Law and has delivered to him or such, other person as afore-

502 COLONIAL RECORDS.

said a true and perfect Inventory of her lading together with y* place or
places in which y^ said goods were laden and taken into y** said ship or
vessell under forfeiture of such ship and goods.

10° He shall not make or allow of any By lawes usages or Customes
in t)ur said province of Carolina which are repugnant to y° Lawes herein
before mentioned or any of y™ so far as they do relate to our sayd plan-
tations or any of them or to any other Law hereafter, to be made in this
our Kingdom so farr as such law shall relate to and mention yf said
Plantations Byt he shall declare all such Lawes, Bylawes, usages or Cus-
tomes in our sayd Province, which are anywise repugnant to y' fore-
menti(ined Lawes or any of them, to be illegall, null and voyd to all in-
tents & purposes whatsoever.

11° He shall be ayding and assisting to y° Collector & other officer^
appointed or that shall hereafter be apointed by y^ Com''" of our Customes
in England by and under y" authority and direction of our Lord High
Treasurer of England or Comis'" of our Treasury in England for y' time
being in putting in execution y' severall acts of Parliament before men-
tioned and he shall cause due prosecution of all such persons as shall any
ways hinder or resist any of our said Officers of our Customes in y^ per-
formance of their duty.

1 2° He shall take care that upon any actions suites and Informations
tliat shall be brought comenced or entred in our said province of Caro-
lina upon any Law or statute concerning our Dutys or ships or Goods
to be forfeited by reason of any unlawfull Importations or Exportations
there be not any jury but of such as are Natives of England or Ireland
or are born in any of our said Plantations.

13. If he sliall discover that any persons or their assignes clayming
any right or property in any Islands or Tracts of Land upon y' conti-
nent of America by Charters or Letters Pateiits shall at any time hei-e-
after alien sell or dispose of any of y** said Islands, Tracts of Land or
Proprietys other then to our naturall born subjects of England, Ireland,
Wales or Berwick without y^ Licence and consent of us our heirs and
Successoi's by our or their order in Councill first had and obtained He
shall give notice thereof to us or to our Lord High Treasurer of England
or Comis'^ of our Treasury in England for the time being.

14. He shall take care that all Places of trust in y" Courts of Law or
in what relates to y* Treasury of our said Province be in y' hands of
oiu" Native born subjects of England or Ireland or y" Plantations.

15. He shall fi-om time to time correspond with y* Comis''" of our Cus-
tomes here in England for y* time being and advize y" of all failures, neg-

COLONIAL RECORDS. 503

lects, frauds and niisdeuieanours of any yf y^ Officers of our Customos in our
s** Province and .shall also advize y"^ as occasion shall offerr of all occur-
rences necessary for their information, relating either to y" aforesaid
Laws of trade and navigation and to our Revenues of Customes and
other dutys under their management both in England and y° Plantations.
16. Whereas by y° aforesaid Act for preventing fraudes and regulating
abuses in y® Plantation trade 'tis provided for y° more etfectuall preven-
tion of frauds which may be used to elude y^ Intention of y'' said Act by
colloring foreigne ships under English names that from and after y" 25'^
of March 1698 no ship or vessell shall be deemed or pass as a ship of y°
built of England, Ireland, Wales, Berwick, Guernsey, Jersey or any of
our Plantations in America so as to be qualifyed to trade to, from, or in
any of our said Plantations untill y" person or persons clayming prop-
erty in such ship or vessell shall register y* same i-ii maner thereby di-
rected And whereas by an Act past in y'' ninth and tenth yeare of our
Reigne entitled an Act for enlarging y'^ time for x'egisteriug of ships pur-
suant to y° Act for preventing frauds and regulating abuses in y' Planta-
tion trade nine months longer time from y* said 25"' of March 1689 are
granted and allowed for y^ registring of such ships. And it is provided
that all such ships or vessels being registered within y'^ said nine months
shall have and enjoy all such benefit and advantage of y^ aforesaid Act
as they might or could have had in case they had been registered before
y^ 25*''of March 1698 The Comander in chief of our said Province for
y* time being shall take care that no foreigne built ship be permitted to
pass as a ship belonging to our Kingdom of England, Ireland, Wales or
to our town of Berwick upon Tweed untill proof be made upon oath of
one or more of y" owners before y* Collector or Comptroller of our Cus-
tomes in such Port to which she belongs or upon like proof before y"
said Comander in chief with y" principall Officers of our revenue resid-
ing in our said Province if such ship shall belong to our said Province
which oath y' said Comander in chief and y^ Officers of our customes
respectively are authorized to administer in maner thereby directed And
being attested by him or them so administring y* same, and registred in
due forme according to y^ specimen thereunto annexed, he shall not fayle
immediately to transmit a duplicate thereof to y° Court Comis'* of our
Customes in London in order to be entered in a general Register to be
there kept for that purpose with penalty upon every ship or vessell
trading to, from or in any of our said Plantations in America after y^
said 25"* of March 1689 and nine months longer as aforesaid and rtot
having made proof of her built and property as by y" forementioned Act

504 COLONIAL RECOEDS.

is directed that she shall be lyable to such prosecution and forfeiture as
any foreigne ship, except Prizes condemned in our High Court of Ad-
miralty) would for trading with our plantations by y^ said law be lyable
unto with this Proviso that all such ships as have been or shall be taken
at Sea by Letters of Mart or Reprisall and Condemnation thereof made
in our High Court^ of Admiralty of England as lawfull shall be regis-
tered specially, mentioning y^ capture and condemnation instead of y'
time and place of building with proof also upon oath that y" entire
property is English before any such Prizes be allowed y° privilege of an
English built ship according to y' meaning of y'' said Act, and that no
ships names registered be afterwards changed without registring such
ships de novo (which Iw y" said Act is I'eqnired to be done upon any
Transfer of property to any other Poit) and delivering up y^ former cer-
tificate to be cancelled under y* same penaltys and in like Method and
that in case of any alteration of Property in y^ same Port by y* sale of
one or more shares in any ship after registring thereof su(;h sale shall
always be acknowledged by endorsem' on the certificate of Register be-
fore two witnesses in order to prove that y* entii'c Property in such ship
remaines to some of our subjects of England if any dispute shall arise
concerning y" same.

17. And whereas notwithstanding y° many good Laws made from time
to time for preventing of frauds in y' plantation trade which have been
enumerated in these and former Instructions it is manifest that very great
Abuses have been and continue still to be practiced to y'^ prejudice of y"
same w"*" abuses must needs arise from y* Insolvency of y* persons who are
accepted for security, or from the remisuess or conivance of such as have
been or are Governors in y^ severall Plantations who ought to take care
that those persons who give bonds should be duly prosecuted in case of
nonperformance. He is to take notice that wee take y° good of our
Plantations, and y° Improvem' of y'^ trade thereof by a strict and punc-
tuall observance of y" severall laws in force concerning y' same to be of
so great importance to y° Benefit of England and to y' advancing ye
dutys of our Customes here that if wee shall hereafter be informed, that
at any time there shall be any failure in y" due observance of those Laws
within our Province of Carolina by any willfuU fault or neglect on your
part, wee shall look upon it as Infraction of those Laws tending to y"
forfeiture of our Letters Patent for y^ Government of that our said Pro-
vince,

By his IMajesty's Comand

JA. VERNON.

COLONIAL RECORDS. 505

[B. P. E. O. Va. B. T. 7. C. 2. (8.)]

Virginia ss: —
PROCEEDINGS OF THE COUNCILL CONCERNING THE
BOUNDS BETWEEN VIRGINIA & NORTH CARO-
LINA ANNO DOm 1699.

Att a Councill held at James Citty the 24"' of February 1698 [-9]

Present

His Excellency
William Bird John Lightfoot ]
Edward Hill Mathew'Page ^- Esq"

Edmond Jennings j

The Hon"'^ Col. Robert Quary from the Hon"" Thomas Harvy Deputy
Governour and the Councill of the Province of North Carolina acquaints
his Excellency and the Councill that the said Deputy Governour and
Councill of North Carolina had received orders from England for sur-
veying & laying out the bounds between this his Maj. Colony and Domin-
ion of Virginia and that Province of North Carolina and that they would
in a short time send some of the members of the Councill to this govern-
ment to be joyned with such persons as should be appoynted here to lay
out and settle the said bounds & prayed that his Excellency & the Coun-
cill would be pleased to appoint & empower such persons as shall be
thought necessary for that service to proceed therein when those gentle-
men shall arrive to which his Excellency by the advice of this Board did
answ^er that the setling of the bounds between these two Colonyes is a
matter of very great importance and publick concerne & most proper to
be done by the advice & consent of a generall Assembly, that a Generall
Assembly was to meet at James Citty upon Thursday the 27*'' day of
Aprill next & therefore he desired that those gentlemen from Carolina
would be by the 29*'' of the said month of Aprill and they might then be
sufficiently empowered from that goverm* to lay out and settle the said
bounds.

May 2" 1699
Present

His Excellency

Richard Lee Richard Johnson ^

William Bird John Lightfoot I f • «

Edward Hill Mathew Page ' ^''^^

Edmond Jennings Benj. Harrison
His Excellency haveing received a letter from the Hon''''^ Thomas
Harvy Esq' Deputy Gov"" of North Carolina dated the 16*'' day of March
60

506 COLONIAL RECORDS.

1698 wherein he acquainted his Exeell"'' that he had appointed Daniell
Akehurst Esq" & Capt. Henderson Walker members of their Councill
to waite upon his Excellency with their charter in order to the setling
the bounds between these two governments He was pleased to comuni-
cate the same to the Councill and also to acquaint them that the said
Akehurst & Walker were come to James Citty & desired that they would
consider & advise what was necessary to be done in that aifair and what
method should be observed in treating with those gentlemen whereupon
it was agreed and resolved that before any proceedings were entered into
with them it was requisite and necessary to enquire how they were im-
powered to treat and conclude with any such persons as should be ap-
pointed by this governm' and particularly that it may be enquired of
tliem whether their Governour was apjiroved b}- his Maj'^ and had taken
the oath according to the Act of Parliam' of the seventh and eighth years
of the reign of his present Maj*^ entituled An Act for preventing frauds
and regulating abuses in the Plantation ti'ade & for their better satisfac-
tion tis also thought necessary that his Maj. letters Patents appointing his
Excellency Francis Nicholson Esq. his Lieirt and Govern'' of this his
Colony & dominion of Virginia be communicated to them and in order
thereunto the Clerk of the Councill is directed to waite upon them and
desire them to be at the Councill Chamber this afternoon.

POST MERIDIEM
His Excellency and the Councill being acquainted that according to
their desire M" Akehurst & Capt Walker were in the Hall ready to wait
upon them the said Akehurst & Walkei* were desired to walke up into
the Councill chamber whither being come his Excellency laid his
Comieon before them that they might be satisfyed he was fully impow-
ered to act under his Maj*^ as Lt. & Gov'' Generall of" this his Maj.
Colony & dominion of Virginia and desired to know of them how they
were impowered to act in the affair they came about, whereupon they
produc'd a Comieon under the hand and scale of Thomas Harvey Esq'^
Deputy Govern"' of North Carolina which being read His Excellency
caused the Act of the seventh and eighth years of the reign of his pres-
ent Majesty to be read and desired to know whether the said Deputy
Governor was qualified according to that Act to which they answered
that he was not approved of by the King as that Act directs then his
Excellency desired them to withdraw and he would advise with his
Maj'y' Hon'''^ Councill, what was proper to be done and acquaint them
therewith and accordingly they withdrew.

COLONIAL RECORDS. 507

Tlien the Coiincill entered upon the debate & consideration whether it
was convenient to treat any further with tliose gentlemen from Nortli
Carolina and forasmuch as it appears that the Governour by and under
whome they are comiconated is not qualifyed accoixling to law the Coun-
cill are of opinion that he cannot give sufficient power to any persons to
act under him in this affair and to make a finall conclusion and determi-
nation thereof and therefore it is not convenient to proceed any further
therein at this time but that the Gov" of North Carolina be desired to
pnx'ure sufficient power and instructions from England for settling the
bounds between these two Governments as soon as may be and that there
may be the less trouble hereafter, when it is to be done if M' Akehurst
and Capt. Walker will agree thereto, It is thought convenient that the
Charter of the Projorietors of Carolina be recorded in the Sec''^'^ office
and accordingly the said Akehurst and Walker being called in and ac-
quainted with the proceedings of the Councill herein they consented to
the recording their Charter and having told his Excellency they would
wait his commands by a letter to their Govern'' they withdrew

Ordered that the Clerk of the Councill doe prepare a letter from his
Excellency To the Hon''''' Thomas Harvy Deputy Govern'' of North
Carolina acquainting him with the proceedings of his Excellency and the
Councill with the Gentlemen from that government and the reasons they
have proceeded upon. And also to signify to him his Excellency's power
of making a Judge and other Officers of the Court of Admiralty in that
Province, that accordingly they are appointed and if there be any occa-
sion for a Court to be held there that his Excellency should be acquainted
therewith in order to his giving such directions therein as are necessary.

A letter from the Hon'''^ Thomas Harvy Esq Deputy Governor of
North Carolina to his Excellency the Govern" of Virginia
May it please yo" Excellency

My honored friend Coll Quary hath given me account of yo" E:jtcel-
lency's readiness to concur with us in the setling the bounds between this
government and A'^irginia and also of yo" Excellency's offering all offices
of kindness and good neighborhood towards us for which I shall at all
times be ready to express my thankfullness and to concur with yo" Ex-
cellency in any thing that may prosecute the same In answer to Yo" Ex-
cellency's Order of Councill I have with the advice of the Councill ap-
pointed tlie Hon''''* Daniel Akehurst Esq & Capt. Henderson Walker
members of the Councill to waite upon Yo" Excellency with the Charter

508 COLONIAL RECORDS.

at the time proposed bv the said Order with toll power to setle that

aifair and am

Yo'' Excellency's

Humble Servant

THOMAS HARYY

North Carolina

Marcli the 18'" 1698(-9.)
To His Excellency Francis Nicholson Esq.

his Maj. Governor of Virginia

COPY OF THEIR COmlSSION.

North Carolina — ss.

BY THE HON""* THE DEPUTY GOVERNOR

In pursuance of an Order of Councill bearing date the 1 6"" day of
this instant month of March I doe hei'eby comissionate and appoint you
Daniell Akehurst Esq' & Capt. Henderson Walker on behalf of this
Governm' to go to James Citty in his Maj. Colony of Virginia to treat
conclude and agree with that government concerning the laying out and
setling the bounds between this Province of Carolina and his Maj. Col-
ony of Virginia aforesaid according to the charter granted to the Loi'ds
Prop'^ of Carolina hereby fully authorizing you & impowering you to
proceed there by such ways and methods as you shall see convenient
Given under my hand and seale the 17"' day of March in the eleventh
year of the reign of our Soveraigne Lord William the third King of
England &c. Aiuioque D"' 1698(-1).)

THOMAS HARVY

A letter from his Excellency the Governor of Virginia to the Deputy
Governour of North Carolina

Virginia James Citty May P,"^ 1699
Hon"'" Sir

I received yours to me of the 10"' of Marcli last in answer to an Or-
der of myself in Councill dated at James Citty the 24"" day of Feliru-
ary last transmitted unto yon by Coll Quary pursuant also to what you
advise in that letter upon tlie 28"" of the last month arrived at this place
M"" Akehurst & Capt. Walker the gentlemen appointed by you & the Coun-
cill of your Province to agree upon & settle the l)onnds between His
Maj. Colony & Dominion of Virginia & yo"" said Province of Carolina
I shall at all times be very ready to doe anything that is requisite on

COLONIAL RECORDS. 509

my l)art for the portertiiij!; of a worke which I take tt) be so very neees-
sarv and soe imich eontribiiting- to the peace & quiet of botli tliese Col-
onys But at present it is the opinion of myself and His Maj. Hon'''"
Couneill of State for this his Colony and Dominion of Virginia that I
cannot safely Comissionate any persons to treat with the Gentlemen from
your Province about this aflFair We have not any designe of delaying soe
good a worke but we are desirous that when it is done it may be eifect-
uall and valid in all time conieing and that we think the (jentlemen
appointed by you are not sufficiently qualifyed to doe. Our reason for
this opinion is grounded upon an Act of Parliament of the 7"" & 8""
years of his present Maj"-^' entitled An Act for preventing frauds and
regulating abuses in the Plantation trade which I have given to the
gentlemen for your more particular satisfaction herein By this Act
it is enacted that all the then present Governors or Comanders in
chiefe of any English Colonys or Plantations shall before the 25"" day
of March 1697 take a solemn oath &c. as in the said Act is more at large
directed and by another clause in the said Act it is directed that all Gov-
ernours nominated &* appointed by any persons or propriet"^^ who shall be
entituled to make such nominacon shall be allowed and approved of by
his Majesty his heirs & successors signified by his or their Order in
Couneill and shall take the Oathes enjoyned by this or any other Act to
be taken by the Governours or Comanders in Chief in other his Maj.
Colonys & Plantacons By this Act you may please to observe it is re-
quired that you be approved of by His Maj'^ to be signified as is afore-
mentioned and that you likewise take the said Oathes before you can be
sufficiently qualifyed to execute the Office of Governour or Coiuand'' in
Chiefe of any Propriety And forasmuch as it doth not appeare that you have
complyed therewith we are of opinion that it is not convenient with us to
treat with any person or persons by you appointed to agree upon and
settle this affair between these two Colonyes Therefore all further pro-
ceedings therein must for the present be suspended untill you can give
an account thereof to those persons for whome you are concerned and shall
obtein such approbation & qualifycation as by the Act of Parliament
aforementioned is directed and required I on my part shall take care that
our proceedings herein may be laid before his Majesty for his further
comands thereupon And I hope by the next fall to receive su(;h directions
as shall be thought necessary I desire likewise that you on your part
will take care to ol)taine such qualifycations and Instructions as are re-
quisite for you By the consent of INP Akehurst and Capt. M'alker I have
caused the exemplificacon of your Proprietors Charter to be recorded

510 COLONIAL RECORDS.

here, soe that there will not be occasion any more to hazard that npon
soe long a journey as to send it hither for our satisfaction therein.

I must further acquaint you that by a Comicon under the Great Seale
of the High Admiralty of England dated the 26"* of June in the yeare
1697 directed to Sir Edmond ^\.ndro.s Knt his Maj. Lieut and Gov' Gen-
erall of Virginia and to his Maj. Lieut, and Gov"' Generall of Virginia
for the time being His JNIaj. hath been pleased to grant to the said Lieut
and Gov'' Generall of Virginia for the time being power and authority
to appoint Judges Registers Marslialls and Advocates for the Admiralty
Courts of Virginia, Carolina & the Bahama Islands by virtue of which
said Comicon the said Sir Edmond Andi'os by severall Comicons did ap-
point the Hon"'' Edward Hill Esq"* Judge Miles Cary Gen Register,
Michael Sherman Gen Marshall and John Taylor Gent. Advocate of the
Court of Admiralty in this his Maj. Colony and Dominion of Virginia
and the Province of North Carolina and I herewith send you copyes of
the said severall Comicons for your better informacon therein and I doe
recomend the same to your care that when any matters shall happen re-
quireing the presence & service of the said Judge and Officers you will
give me tymely intimacou thereof that I may give such directions as shall
be necessary therein which is all at present from
Yo"' aifect^ friend and

lunnljle servant
For his Maj"^^ FR. NICHOLSON

speciall service

To the Hon"^ Thomas Harvy Esq'^

Deputy Governor of his Maj.

Province of North Carolina

Whitehall. July the 3"* 1699
*****

M' Thornburgh attending as he had been desired and being asked
about the present Governor in Carolina, how it comes to pass that he has
not his Maj. approbation as recjuired by the Act for preventing Frauds
&c He said the present Governor is not so by virtue of any Commission
or Deputation from the body of the Lords Proprietors but only by virtue
of the Constitution as being a Proprietor himself But that the Lords
Proprietors are thinking to depute one ere it be long

COLONIAL RECORDS. 511

[B. P. R. O. Va. B. T. Vol. 8. D. 55.]

N° 45. VIRGINIA

North Carolina July 28"' 1699.
May it jjlea-se Yo*^ Excellency

The continual .sicknes,s of the Hon*''' Thomas Harvey Esq late Dep-
uty Governor of which he dyed on the 3"''* of this instant letted him
from returning yo' ExcelP^ an Answer to yo"^ last Now these are to as-
sure yo" Excelleu"^ y* y" Councill acknowledges yo" ExcelP^'° Kindness
in putting forward y" business of y° bounds between y° Governments and
y' we shall not faile to give y" Lords Proprietors a full account of it
and of y° state wherein y^ business stands And further we crave leave to
represent to yo' ExcelP^ a very great hardship that hath been lately put
upon an Officer of this Govern* in Princess Ann County by one Maclen-
ahan of y* place tlie ground thereof from the beginning was this. Some
years ago y° said Maclenahan came into this govern' and comnienced suit
against one FuUwood and process was issued out and return made but
upon what motives we know not he waived his suit here and obtained an
attachment from a Magistrate in y'^ aboves'' County and procured y"
Under Sherrif to come to Crow Island in this Governm* and attach y"
goods and chattels of y^ said FuUwood and complaint hereof being made
to a Magistrate in this Government y° Deputy Marshall Wm. Bray was
commanded to rescue the goods being within the juri.sdictionof this Gov-
ernment which he accordingly did and took into custody y^ Deputy
Sherrif till he gave bond for his appearance &c w"*" bond was readily dis-
charged upon application made to this Government by Capt. Cork y^ high
Sherif of Princess Ann County And it was upon this occasion that S'
Edmund Andros raised the dispute about y" bounds of y° Govern'^ which
we hoj^e your ExceP^ will see happily ended Now y'^ .s** Wm. Bray makes
complaint but y' being lately in y^ aboves* County he was arrested at y«
suit of y* s* Maclenahan for y^ rescue he made within y° jurisdiction of
this governm' and by command of y^ same as afores* and was compelled
to find surety for his appearance there to answer I therefore with y^ ad-
vice of y^ Council do offer this matter to your Excel"^'^ consideration
hoping y' your Excel"^ will grant him relief and not suffer y° Officer to
be damnified by doing an Act y' he was lawfully commanded within o''
Governm' to doe I have nothing further to add not in y^ least question-
ing yo' ExceP^'^ favour herein saving y' all endeavours possible shall be

512 COLONIAL EECORDS.

used to raentain an amicable correspondence between y° two govern-
ments by

Yd'' Excellency's

most humble and

obedient Servant

HENDERSON WALKER

I am further informed that some of y' Magistrates of Princess Ann
County seem to discourse in those parts as if we had no further than a
copy of y^ Patent and y' it was no confirmacon which we believe causes
this breach I desire if y' Excel''^ pleases to signify to y' s"* Magistrates
what }•'■ Except hath seen of y° patent y' there may be no further trouble

I cannot but return my acknowledgm^' for y" ExceP^'* great favours to
me when I was last in yo" government and am heartily glad to hear y'
yo' ExceP^'s noble designs for y^ good of y' Country go on so success-
fully for I am well satisfyed in my own thouglits that Virginia in after
ages will be bound to return thanks to y^ Allmighty for th(jse generous
designs of w"'' you have been y^ only promoter

If any thing in these parts may be serviceable be pleased to lay yo'
comands w"*" shall be assuredly obeyed by

HENDERSON WALKER.

May it please yo' Excellency

Brav being arrested at the suit of Maclenaluui for a rescue committed
in Crcnv Island pretended to be in y" govern' of North Carolina but al-
leged by y" said Macleiiahan to Im' in the governm* of his Maj. Colony
and Dominion of A'^irginia and y° dilfen'nce appearing to arise from y°
unsettlement of y** bounds between the two Governments I am of opinion
yt ye (lofcudant Bray may plead y^ special matter either to y^ jurisdiction
of y^ Court or in justification upon which y'' triall of y" cause ought to
be deferred till y" I)ounds between y" two governm'* are better settled &

Known

EARTH. FOWLER, Att^ Gen'
James Town

Aua:ust 17'" 1(31)9

Norfolk Town. Aug' 22"* 1699
This letter and report is referred to the Worshipful! his Majesties Jus-
tices of Princess Ann County who at y° next County C'ourt are to make
a report of y* whole matter to

COLONIAL RECORDS. 513

Memorandiun That the charter which Daniel Akehurst and Hender-
son Walker Estp- produced to nie and his Maj. Hon"" Coinicil was an
exemplification of y" Charter granted by King Charles 2"'' which ap-
peared and is taken by us to be an authentick one

It is upon record in y" Secretary's Office in James City where any per-
sons that have a mind may either see or have a copy thereof without any
further order fi'om

Hon"^ Sir,

His Excellency being at present very much indisposed with a feaver
has commanded me to acquaint you y' he has received yo' letter dated at
North Carolina 28"' July 1699 ^ M' Feudal and has taken care to doe
what in him properly lies in order to redress the grievance complained of
by your Goverment in relacon to y° difference between Maclenahan and
Bray. He referred y" matter to me as Atturney Gen" to AA'hich I made
a Report according to y* inclosed Copy And since y' his Excellency has
not only caused a copy of yo' letter and my Report to be referred to y'
Court of Princess Anne County but has certified to y" y' y^ Charter you
produced to Him & his Maj'^' Hon""* Councill was in their opinion an
authentick exemplification of y* Charter Grant in James City where any
person may have a copy thereof without any further Oi'der so y' it must
be Bray's own laches if any thing is done to his disadvantage or to y^
prejudice of yo' Goverment therein. His Excellency has heard nothing
of Mad° Smith and Negros supposed to be run away & harboured in yo'
Governm' which he expected he should before this and has allso com-
manded me to acquaint you that several servants and slaves are daily
running from hence into your Governm' and are there concealed w"'' he
hopes you will take care to prevent by a proclamacon to y' purpose or
such other method as you shall judge most expedient. He allso returns
you thanks for yo"' good opinion of him & assures you that nothing on
his part shall be wanting to mentain the good correspondence you de*ire
Here's no news &c.

Yo" Hon'' most humble Servant

BARTH. FOWLER
Virginia August 27'*' 1699.

Copy of a letter to y^ Deputy Gt>vern'' of North Carolina

May it please Yo" Excellency.

I received from M" Fowler ace' of yo'' Excellency's care in Bray's
business and return you our hearty thanks And as to what M' Fowler

61

514 COLONIAL RECORDS.

intimates concerning rnnaways liowever the matter may have been mis-
represented to yo' Excellency I assure you y' neither our laws nor prac-
tise deserves such an imputation of evil neighbourhood neither are there
any runaways harbored here y' we can discover upon diligent enquiry
nor shall any such thing be suifered so far as it is in our power to pre-
vent it We have (besides statutes against Vagrants) a particular law y'
injoyns all persons on a penalty to apprehend runaway Negros and pro-
hibits y' harboring of them on y° penalty of ten shillings every night
over & above all damage y' can be proved & I purpose to recommend it
to y° next Assembly if any thing may be done more effectually to pre-
vent such a mischief Not long ago information was made to me & y"
Council that one Grand at y* Sand-banks had entertained some persons
suspected to be runaways from Esq' Corbin for which he now stands
bound over to y° next Generall Court I myself at my own charge sent
as far as Pamplico after those runaways and since here advice y' some of
y™ died by famine in y" uninhabited part of this Government And I be-
lieve many other y' fly this way are lost after y° same or such like man-
ner endeavoring to escape to S. Carolina. I thankfully accept of yo''
Excepy^ papers of public news by Col. Quary and assure yo'' ExceP^ y'
we desire nothing more than to mentaine a right understanding between
these Goverm'" And it shall always be the care of Yo" Excellency's

most humble Servant

HENDERSON WALKER

October y" 10"^ 1699.
I heartily congratulate yo' ExceP^ recovery and if your ExceP^ hath
occasion for timber or any thing else that may be serviceable to you
please to command your humble servant H. W.

Virginia James City 9"" 8"^ 1699
Hon"' S'

i received of Oct. 10"' by the Hon'"'* Col. Rol)t. Quarry aud inclosed
is a copy of the Report of his Maj. Justices of Princess Anne County
If you suspect y' there should be a suspension of y* prosecution of y'
affair his Maj. Hon*'* Council and myself are of opinion y' Wm. Bray
ought to give good & sufficient security to answer Macklenahan's suit in
case y' Crow Island be found within this his IMaj. Colony and Dominion
of Virginia.

I have written to y^ Rt. Hon"* his Majesty's Secretary of State aud
to the Lords of the Council for Trade & Plantations about the Bounds
as I promised you when I was here and I am in hopes some time this
winter that I shall receive his Maj. royall commands concerning y' affair

COLONIAL RECORDS. 515

I siippo.se tliat you have M'ritten to y" Lords Proprietors about it and
particularly about y" Govern" being qualifyed according to the Aet
of Parliament ab' trade &c of the 7'" & 8"^ of his Maj. Reign.

I am very glad to liere that you have statutes against Vagrants and
a particular law about Negros but you must gi\'e me leave to say that unless
they be vigorously put in execution I fear they will not signify much I
am sorry not to hear any thing of the Negros that ran away from Madam
Smith a copy of whose letter and the description you were so kind as to
take from me in ord"" to inquire after y"" I showed Esq" Corbiu that part of
your letter to me concerning his servants and I told him to write to you
which I here he did and returned you thanks &c. If such fellows as
Grandee be but made examples I suppose it will be one of the-properest
ways to prevent y' like clandestine dealings of the future.

I herewith send you a Proclamacon for y' apprehending of Pyrats &c.
wliich I have caused to be published in all y'^ County es of this his Maj.
Colony of Virginia I believe it may be for his Maj. service and if you
please to issue out one in your Government for the apprehending & se-
curing of these pyrats or any others And inclosed is the co})y of a letter
which I had from his Grace the Duke of Shrewsbury who was then his
Maj. Principal Secretary of State about Pyrats &c. as also of one from
the right Hon"'* M' Secretary Vernon.

That Great Rogue Kidd I heare is in Boston Jail. Col Edward Hill
one of his Maj. Hon"'' Council here is appointed by the right Hon"'* the
Lords of y* Admiralty to be Judge of y* Adm'^ both for Virginia and
North Carolina. He will write to you by this opportunity about that
aifair.

This is designed (God willing) by one M' Joseph Harwood who is
put by Co" Edm*" Jennings one of his Maj. Hon"'* Councill here to look
after one David Ross a Carpenter lately run away from him as also one
Thomas Roberts a Welchman &c. who ran away from the Rev"" M''
John Bernard a Clerk &c.

Therefore I desire that you would be pleased to order all lawfull
assistance to be given to him for the apprehending; securing & brino-ino-
back hither y* said runaways in doing of which you will oblige him
who is Your very humble Serv*

FR. NICHOLSON.

I am very sorry to hear that those Indians which murdered y* people
& stole y* goods are like to come off" without being brought to condigne
punishment and y' it may not be an ill president to y* Indians in these
parts and incourage y" to do the like is y* heartv wishes of

F. N.

516 COLONIAL RECORDS.

Pkincess Ann County

At a Meeting of y' Justices 12"' Oc-i' 1099.

Present
Col Anthony Lawson. M' Henry Woodhouse

M' Benj. Burrougli. ^l' Robt. Thorowgood

His Excellency having required that this Court should make a Report
to him of y' matter in difference & depending in this Court Ijetween
Nathaniel Maclenahan Plaintif and William Bray Defend' which coming
to tryal at a Conrt held for this County y^ 7"' Sept. last when having
received the letter from North Carolina to his ExceP^ sent to us with his
Except' command this Court did order y*" s"* difference to be referred to
v' next Court to be held for this County & make report as followeth viz :
that we find y' the island named Crow Island (where y° rescue of the
goods attached for y' s"* Maclenahan was made by y^ Defendant Bray) is
included in a patent of land granted to M' Patrick White in this Gov-
ernment dated 20"' April 1682 and hath ever since been accounted &
held in this County and for which hath been paid Quit rents to the Col-
lectors of this County, allso an Owner thereof who bought y" same of y°
said White was arrested by an Under Sherrif of Lower Norfolk County
named Thos. Hall who submitted & gave security to y" said Officer as

he hath this dav informed us.

Test. PA. ANGUS Clar.

North Carolina Nov"" 18'" 1699.
May it please your ExceP^

I received your ExceP'''^ by M"" Harwood and for what relates to Bray's
case shall give notice to your Ilxcel'"^' & y" lion'"'' Council's opinion to
him that he may comply therewith I return your Excel"^ our hearty
thanks for your care in endeavouring to obtein his Maj. royall commands
concerning y* bounds of this Province and I assure yo' Excel"^ that we
have not been wanting in our endeavours to procure both direction and
all necessary authority fi)r proceeding in that affair.

I hope yo' ExceP^ (notwithstantling any misrepresentation that hath
been heretofore made) is of opinion that it is not our purpose to counte-
nance y^ harbouring of runaways but to punish it with y^ utmost sever-
ity and I crave leave to intimate to you that there must needs have been
as great neglect amongst the people in Virginia as ever hath been here
otherwise such runaways c(,)uld not pass so tar, for we observe that there are
few or none that are taken here or supposed to pass by but ^A'hat travel
much further through y' inhabitants of Virginia than the whole extent
of this Govern' comes to, for instance this which M"" Harwood carries out

COLONIAL RECORDS. 517

hath travelled on the high road from beyond Rappahannock and passed
all the publick Ferrys allthongh Virginia much thicker peopled. I dont
add this as a pretence for our negligence but to y* end y' inhabitants of
Virginia may be more carefull that both may joyn to prevent such a
mischief.

It was wholly my forgetful Iness that I did not before acquaint yo"" Ex-
cel"^ y' I have made as strict an inquiry as possible concerning Madame
Smith's Negros & doe assure yo' Excel"^' that they are not in this Gov-
ernm' nor any other that can be suspected to be run away except one of
Esq' Corbin's servants who lieth here sick and reports that three of his
comjjanions are dead to the Southward and one Negro more in the Mar-
shall's custody who was imported hither in a sloope He has been in Eng-
land and pretends that he there served the Earl of Craven and that he
came to New England a Freeman we have sent to the Northern Gov-
ernment from whence he came but as yet liave not heard from his Master.

Concerning y' Indians its very true that such report was made to us
y' we all generally did believe that those unhappy people were destroyed
by y" And I with y^ advice of the Assembly sent the Hon"' Daniel Ake-
hurst Esq. to inquire of the truth thereof and with him Capt. Thos.
Blount who was a very great sharer in that loss and was as strongly per-
swaded as any man that the people in y" Canoe were indeed murdered
and himself and family was in as great danger as any in the Governm'
And upon their return they made report to me and y' Councill that all
y' Indians that could be suspected freely upon y' first summons surren-
dered themselves and gave so particular account of y* matter and with so
many concurring circumstances y' by all the inquiry y* they could make
they could see no cause to fix it upon any of them for y° evidences who at
a distance seemed strong when they came face to face with y° Indians could
say nothing against them so y' they returned fully satisfj-ed y' y' canoe
was lost by extremity of wind and sea which we all know was very vio-
lent at that time and so continued for several days together.

I with the advice of y" Council here followed your ExceP^' good ex-
ample in publishing a Proclamacon for apprehending of y^ pyrates if they
should come into this Government and we hold ourselves very much
obliged to you for communicating to us those papers concerning the
Scotts settlement and shall at any time be glad to be informed of his
Maj. pleasure by Yo'' Excel"*' y* we may render obedience thereto as be-
cometh good and dutifull subjects and am

Yo"' Excellency's most humble Servant

HENDERSON WALKER

518 COLONIAL RECORDS.

Virginia James Town May 16'" 1700
Hon*'* Sir

I herewith send you a copy of what I lately received from Capt. W"
Passenger Commander of her Maj. ship y^ Shoreham concerning the
taking of a pyrate ship &c. three of the pyrates were tryed and con-
denin'd and were order'd to be hang'd in Princess Ann County but they
have made their escape and I have issued out my Warrant for y* appre-
hending of y'" one of which is sent to each County in this his Maj. Colony
and Dominion and I have ordered the Sherifs of Princess Ann Norfolk
and Nansemun to send each of y™ one the next Magistrate in yo' Gov-
ern' I desire that you would give orders for y* apprehending of these
pyrats and I do hereby promise the same reward to any person or per-
sons who shall take them in your go\'ernm' as if they should be taken
here.

I have received his Maj. royall commands about pyrates and being you
write that you & your Council are obliged to me for comunicat-
ing of y"" to you and y' you should at any time be glad to be informed
his Maj. pleasure by me y' you may render obedience thereto as becomes
good and dutiful subjects I doe therefore herewith send you a copy of
his Maj. royall letter to me upon that subject with a copy of my procla-
mation thereupon as also the copy of part of a letter which I have rec"*
from y' right hon*"'' the Lords Commiss" for trade & plantations with a
copy of my proclamacon thereupon But I herewith send you y" copy of
a paper which I rec* from his Excellency the Earl of Bellomont his
Maj. Gov" of New England N. Yorke &c. in which paper are y' names
of several persons who are mentioned in y^ paper sent by y^ Lords Com-
raiss" &c.

I have also received their Excel"^'" the Lords Justices commands con-
cerning v" Officers of y" Admiralty and Customs and inclosed is a copy
thereof sent you by him who is

Your very humble Servant

FR. NICHOLSON

I have thought it absolutely necessary for his Maj"*' service to issue
out a proclamacon for apprehending seamen &c. suspected of pyracy &c
and inclosed is a copy thereof, as also another concerning cables anchors
l)oats &c Flotsom, jetsom lagon &c. which I would desire that you would
give the people in your Goverm' notice of that they may not presume to
meddle with or take any such thing within this his Maj Colony and Do-
minion of Virginia And I hope you will give suitable directions &c. for
apprehending seamen suspected of pyracy &c.

COLONIAL RECORDS. 519

If you have any packets letters &c. to send to England the Fleet is
designed to sail thither from Kikotan at the mouth of James River on
Wednesday the 5"^ of June and his Maj ship the Shoreham is to convoy
y" 40 or 50 leagues off on board of whom is designed, God Willing to be

F. N.

[B. P. K. O. B. T. Propuieties. Vol. 4. D. 22.]

AN ABSTRACT OF THE TITLE OF DANIEL COXE THE

PRESENT PROPRIETARY UNTO Y' PROVINCE

OF CAROLINA ALIAS FLORIDA IN

NORTH AMERICA.

A Patent was granted by King Charles y" First on y" SO'*" of October
in y^ Fifth yeare of his Reign unto S'' Robert Heath his Attorney Gen-
eral of a Country in North America lying and being between the 30"' &
36"' degrees of Latitude inclusive extending from the North or Atlan-
tick Ocean unto the South or Pacifick Sea and all and every part thereof
not being then actually in the possession of any Christian Prince or
State.

Sir Robert Heath made a conveyance of y^ premisses unto the Lord
Maltravcrs son and heir of the Earl of Arundell and Surrey Earl Mar-
shall of England y° 2* of December in the L3"' year of King Charles
y' First.

The said Province was sold & conveyed to S'' James Hayes by Henrv
Duke of Norfolk Earl Marshall of England y" IT"- of June in y" 30'"
yeare of y* Reign of King Charles y' 2'"' 1678.

A conveyance of the said Province was made by Lease & Release
from Henry Duke of Norfolk Earl Marshall of England & Sir James
Hayes Knight unto S"^ James Shaen Knight & Baronett the 25"' c"t 26"'
of July in y' 34"" of the reign of King Charles the Second.

Lastly a conveyance was made by Lease & Release from Sr Arthur
Shaen Baronett son & heir of S'' James Shaen Knight & Barronett of the
Premisses unto Daniel Coxe the present Proprietary. Dated y^ 24"" &
25*" of June in the year of our Lord 1696 being the Eighth year of the
Reign of our Sovereign Lord William the Third.

520

COLONIAL RECORDS.

[B. P. a. O. North Carolina. B. T. Vol. 4. p. 81.]

London Dec"" y" 20—1(399
Gentlemen

The Reverend Doctor Bray a learned pious & Charitable man, coming
into America Suffragan & Comissary to y° Bishop of London yo"" Dioce-
san & designing to give you a visit Wee thought fit to let you know it &
d&sire you to treat him with all kindness & respect & place y" cliarge to
y" publique acc° Among other good offices he will be able to mediate in
any difference that may be betweene Virginia & us concerning w"'' &
your other affayrs you are like suddenly to heare from us at large
We are

Gentlemen

Your very affectionate
friends

BATHE Palatine

CRAVEN
BATHE for LORD CARTERET

M ASHLEY.
W" THORBURGH for S^

JOHN COLLETON
THO AMY
W" THORNBURGH
To Tho : Harvey Esq'
Deputy Governour &
to our Deputys & Coun-
cell of North Carolina.

[Records of Perquimans Precinct Court.J

January 1699.

At a Court Holden At the Hous of M' James Oates The Secont INIonday
Janeuary 1698-9 for The p'cinct of Piquemons

Present M' Calleb Calleway Ca' Ralph ffletcher W John Whed M'
Samuel Nicholson
M' Daniel Akehurst vars Stephen Man^varen

In Plea of debt y° sd Manwaring by his Aturney CoUom fflyu Con-
fesed .Tndgment ordered that Stephen Manwaren pay to Daniel Ake-

COLONIAL RECORDS. 521

hurst eigh pduiid one Shilling And one penney In poork With Cost Ales

Exce.

Tlie Hon Thomas Harvey vars William Barrow Executor of John

Bently desesed

In a plea of y° Case y" Corte referd It to y° Jure y" Jure on thare
Oath Say they find for y' plaintef fower pound fifteen Shilling In poork
ordered that William Barrow pay to y^ Ho' Thomas Harvey fower pound
fiften Shillings In poork With Cost

Upon a peticon of Mager Samuel Swann Shewen that Beniamen Gid-
den Is Indebted to him two pound eigh Shillings and eigh pence Halfe
penney and he haven obtained an atachment against y" Estate of y" sd
Gidden and noe Repleve apeares and two Hoggs and a parsel of corn be-
ing atached at his Sute ordered that y' Marshal deliver y' two Hoggs and
Soe Much Sheld Corn At twenty pence ^ bushel as Will pay y" sd debt
With Cost and trobel of Shellen and to deliver y' Same At Burroses
Landen

M' James Long Proved A Letter of Atturney of James Hogg ffirne-
ful Green Thomas Piears and each of them theire Wifes by Thomas
Long and William Keeter

M" James Long Aturney to James Hogg and ffirneful Green and
Thomas Piears and each of theire Wife acknowledg A deed of Sale for
A tracte of Land In yoapim up y* Indien Creek to William Long
Cap' Henderson Walker Excetor to Alexsan Lillington vars

James Oats

In a plea of debt y^ sd Oats confesed Judgment ordered that James
Oats pay to Henderson Walker thirty two Shillings and fower pence
halfe penney In poork With Cost Ales Exce
Mager Samuel Swann vars Richard Bachelder

In a plea of debt y'' sd Bachelder Confesed Judgment ordered that
Richai-d Bachelder pay to Mager Samuel Swann two Hundred and fifty
pounds of poork With Cofet Ales Excec

The Court Is AJoyrnd till to Morro Morning Nine of y* Clock The
Court Meet

LTpon A peticon of James Oats Shewen That Beniamen Gidden Is
Indebted to him ffive pound Seventen Shillings And three pence And he
Haven obtained An Atachm Against y° Estate of y^ Said Gidden And
No Repleve Apears And three Sheep one two yeare ould Hefer on gun
And A pasel of Wodden Lumber Atached At his Sute ordered that y'
Shrife Apraise y* Estate According to Law And pay to Jajnes Oats

62

522 COLONIAL RECORDS.

five pound Seventene Shilling And three pence With Cost And y* over-
plush If any be to Return to y° Said Gidden John Stepney And Peter
Jones being opinted Apraisers

Jonathan Taylor And William Taylor Orfens Being Left destresed
ordered that they be Bound to William Long And Sarah His Wife Till
they Come of Age

Thomas Tailer Orfen Being Left destresed ordered that He be bound
to John Lawrence And Hannah his Wife till he Comes of age

Mare Tayler Orfen being Left destresed ordered that Shee be bound
to M' Caleb Calleway And Elisabeth his Wife till Shee Comes of Age

Thomas Hallom Orfen being Left destresed ordered that he be bound
to ftrancis fFoster And Hannah his Wife till he Comes of Age

Upon A peticon of James ftewox Shewen that Was two dayes Comen
to Court And on day Atenden two dayes going Home being Sepened by
George deare ordered that George Dear pay to James ifewox Nine Shil-
lings And two pennce With Cost
Thomas Norcom vars Georg Mathes

In A plea of debt y" Sd Mathes Not Apearen ordered y' y* Marshall
Bring y' Sd Mathes to y' Next Cort
Christopher Butler vars James FFisher

In a plea of defamacon thar being a folt in y' declaration ordered that
he be Nonsuted & pay Cost CALEB CALLAWAY

RALPH FFLETCHER
SAMUEL NICKOLSON
N. Carolina — ss

At A Councel Holden y' first day of December Anno D 1698
Ord That upon Any Action or Sute brought Before Any Court In
this Goverm' Whareiu the Plaintife Shall be Nonsute or verd' be found
for the defend' In Such Case y' Plaintif Shall Pay to y' defend' five
Shills over And Above his Cost And shall be berred All further Sute
In That Case till y^ Said Sum be Satisfied.

Ver Cop W. Glover CI Cour
April 1699
At A Court Holden for y** Precinct of Piquemons At y* House of
M"^ James Oats y' Secont Tuesday In Aprill 1669
p'sent M"" Caleb Caleway Judg
Cap' Ralfe ffletcher
M' John Barrow
M^ John Whedby
M' Samuell Nicholson
M' Isack Willsons

COLONIAL RECORDS. 02.3

Samuel Charles And Elizabeth his Wife Aeknowledg A deed of Sale
for I^and to Gabrill Newby At y° head of Piquemons.

James Coles And Mary his Wife Aeknowledg An Asignement of A
pattent for A traet of Land Lying In Piquemons River unto John Step-
ney

Georg Deare And Elisabeth his Wife Aeknowledg Asignement of A
pattent to Richard Devenport for Batsos gra

Anthony Hasket And Tobytha his Wife Aeknowledg A deed of Sale
for Land Lying In y^ Narroes of Piquemons unto Judey Henbey

ordered that Wdliam Lacy Jnner be Constable from M"" Whedbes
Crick Round to Castletons Crick

M'' Richard Plato Proved A letter of Aturney of Jolin Tuker Exee-
ceter of Joseph Comander by y* oathes of John Raper A\^illiam Simson

M' Richard Plato vars Stephen Manwaren by an Atach for his ifees
of fifty Shillings And Christefer Butler Atturney to y' Sd Manwaren
Joynes Ishu y° Court Refered It to y° Jury y^ Jury on thare othes Say
thay find for y'= Plaintef fifty Shillings With Cost

ordered that Christefer Butler pay to M"' Plato fifty Shillings With
Cost Ales Exce'' Against Stephen Manwaren Estate

John Tuck And James Tuck Excecetors of Joseph Comander vars
Stephen Manwaren by Attachment for ffives doe by his Asumtion for
John Warren to y^ Clarke And Shrife ordered that Christefer Butler pay
to John Tuke three pound 'two Shillings & fower penc With Cost Ales
Exce' Against Manwaren Estat

John Watts Proved W^rits for three '^sons transported Into this Coun-
ty Whoeses Names ar under Wretten John Watts Sener John Watts
Juner Catterin Watts

Ordered that James Coles be overser of y' High Wayes from Caselton
Crick Brige to y' yonsal

ordered y' James ffugeet be Cunstabel for y^ Sound Side and up pique-
mons River

ordered that Alecksander Spence be overseer of y^ High Wayes from
Suting Creek to J. P.

Upon a petieon of Christefer Butler Shewen that he atended y" Court
one y* account of Thomas Norcom and evedence vars Steward one day
ordered y' Thomas Noreom pay to Christefer butler two Shillings & Sixe
pence With Cost

Upon A Petieon of Janes Stevens Shewen that Shee Attended y' Court
one day an evedence for Thomas Norcom Against Stewar<l ordered that
Thomas Norcom pay to Jeaue Stevens two Shillings and Sixe pence
With Cost

0-24 COLONIAL RECORDS.

ordered that Thomas Long and Thomas Norcom be Apraisers of
Jouathun Tayler Estate and M' John Barrow Sware y° Apraisers

ordered that Joseph Sating Sener be overseer of y* High Wayes from
Silting Crick to y* yonsall place In Littel River

ordered that John Claper be C'onstabel for y* North Side of Piquemons

River.

CALEB CALLAWAY
RALPH FFLETCHER
JOHN BARROW
SAMUEL NICKOLSON

July 1699.
At a Court Holden for y" Precinct tif Pequemons At y" Hous of M''
James Oats y' Secont Tuesday In July 1699
P^sent Ca' Ralpli ffletcher
M"" John Barrow
M' John Whedby
M'' Samuel Nicholson
]\P Isack Willson
John Stepney and Marcy his Wife Acknowledg a deed for three Hun-
dred Acres of Land In Piquemons to James Coles River.

Upon a complaint of Mager Samuel Swaun that Jonathun Tailer
Stands Indebtetl thirty three Shillings and fower peence for a sirvay or-
dered that M" Calleway pay to Mager Swann thirty three Shillings and
fower peence With Cost

ordered y' John Parish be overser of y^ High Wayes from y^ ifei-ry
to M' Whedbys path

' RALPH FFLETCHER JOHN WHEDBE
JOHN BARROW SAMUEL NICKOLSON

ISAAC WILLSON

Oct 1699

At A Court Holdon for the pVinct of Piquemons At y' House of James
Oats y' Secont tusday In October ] 699

P'Sent C'ap' Ralpli ffletcher M"" John Barrow Samuel Nicholson M'
Isack Willson

The Court AJoyrnd till to Morro Eigh of y^ Clock

y" Court Met

Samuel West Proved A Letter of Aturney of Richard Adkinsones by
Samuel Nicholson And Samuel Charles.

COLONIAL RECORDS. . 52f

U])t)ii A reterance Lett tt) y" Court l)etweeii James Oats And daniel
Snookes Concarnen C'larks tt'ees and Shrites ttees y* debt being paid
ordered tluit daniel kSnook pay y° ffornier Charge And James Oats pay y*
Charge of y* Arest
Christefer Butler vars Jamek ffisher

In A plea of debt y* Sd ffisher Not Apearing ordered that y° Mar-
shall bring y* Sd ffisher to y' Next Court to Answer y" Sute of Chris-
tefer Butler

Christefer Butler vars James FFisher

In A plea of defamation y" Sd ffisher Not Apearen ordered that y'
Marshall bi-ing y" Sd ffisher to y" next Court to answer y* sd Sute of
Christefer Butler.

William Hall Aoknowledg A dede of Sale for all y^ Estate of An
Peterson desesed to James Coles

Ordered that James Perisho be overser of y^ High Wayes from y^
pine Marked With J. P. to y^ grate brig over y' Head of y* River

Ordered that Thomas Long be overseer of y" High Wayes from y^
Chowan brige to James Oats

Ordered that John Barrow Juner be overseer of y'' High Wayes from
Edward Willson And y" heade of James Coles.

RALPH FFLETCHER SAMUEL NICKOLSON

JOHN BARROW ISAAC WILLSON

1700.

[B. P. K O. B. T. Virginia. Vol. 37. p. 368. Extract.]

LORDS OF TRADE TO GOV NICHOLSON
4 JANUARY 1699-1700.

For the Hon"' Francis Nicholson Esq"''' His Majesty's Lieutenant and
Governor General of his Ma)'"' Colony & Dominion of Virginia in
America or for y° Lieut. Gov' or Comand"' in chief of y° said Colony for
the time being.

S'

We received some time past your letter of the P' of July together
with the papers therein mentioned and refer 'd to.

526 COLONIAL RECORDS.

We have considered all you write and the papers you refer to, relating
to the fixing of the boundaries between Virginia and North Carolina
and are satisfied with your proceedings therein What remains to be done
by you in the meanwhile until Coiniss" from Carolina duly qualifyed be
appointed to treat about that matter is That you take care that those who
have settled any lands in those confines upon Virginia Patents be pro-
tected against the people of Carolina and that you assert his Maj. right
against their encroachments and suffer no innovation therein untill those

Boundaries come to be finally settled & determined.

* * * *

(Signed) STAMFORD. LEXINGTON

PH. MEADOWS. WM. BLATHWAYT

JNO. POLLEXFEN. ABR. HILL

Whitehall.

Januarv 4"^ 1699-1700.

[B. P. R. O. B. T. Pkoprieties. Vol. 26. p. 149.]

To our Right Trusty and Right Wellbeloved, our Right Tru.sty &
Wellbeloved and our Trusty & Wellbeloved the Lords Proprietors of
our Province of Carolina in America.

William R.

Right Trusty and Right Wellbeloved, Right Trusty and Wellbeloved,
and Trusty and Wellbeloved, Wee greet you well. Whereas we have
been informed that several Pirates have been lately seized in our Planta-
tions in America, and it being necessary that due care be taken for
bringing them and all others that may in like manner be seized hereafter
to condign punishment, we do hereby stricktly charge & require that you
cause to be sent hither in safe custody all Pirates who are or shall be
seized in our Province of Carolina whereof you are Proprietaries, at the
time of your receiving this direction, and that you cause also to be sent
hither the Witnesses and other evidences upon which the said Pirates
have been seized & which may be of any use towards their conviction
here that so they may be tr}'ed and punished according to Law, and in
the meanwhile to take care that the goods and effects of the said Pirates
be secured, so that they may hereafter be disposed of as shall by law be
determined.

COLONIAL RECORDS. 527

Which method of sending Pirates hitlier, together with the Evidences
produced against them, and securing their Effects you are upon pain of
our Displeasure in lil<e manner to observe from time to time as a stand-
ing Rule, with regard to all other Pirates that shall at any time hereafter
be seized in our said Province of Carolina. So we bid you heartily fare-
well.

Given at our Court at Kensington the lO**" day of February 1699 in
the eleventh year of our Reign

Bv his Majesty's Command
- ^ JERSEY

Mem*" his Majesty signed this

Letter the lO'" of Feb''^ 1699-1700.

[B. P. R. O. B. T. Proprieties. No. 27. p. 4.]

Articles of High Crimes and Misdemeanors charged upon the Gover-
nors in the severall Proprieties on the continent of America and Islands

adjacent

******

North Carolina. They have no settled Government among them,
about 4 yeares agoe, the swift Frigat being drove out of Virginia by
storm and coming a shore upon the sands in that Province, the Inhabit-
ants Robb'd her and fired great Gu"' into her and disabled her from get-
ting off, the chief Offender was bani.shed, only tis a place which receives
Pirates, Runaways, and Illegal Traders. * * * *

Hurablv offered by

ED: RANDOLPH.
March 24"' 1700

[B. P. R. O. B. T. Virginia. Vol. 9. E. 2.— Extract.]

GOV NICHOLSON TO LDS. OF TRADE 1 AUGUST 1700

To the Rt Hon"'= tlie Lords Commiss'* for Trade and Plantations.

May it plea.se your Lordships.

******

With submi-ssion I think that his Majesty's Governors cannot entirely
concert affairs with any Proprietory's Governors or wnth their Deputies

528 COLONIAL RECORDS.

or with a Charter Governor because his Maj. interest and theirs are dif-
ferent in most respects for they they may be compared to the Pope's who
from the first time that the Emperor's o;ave them temporal power have by
sevei'al unjust ways and means got more and endeavor to do so still I am
of opinion that his Maj interest and service in general and of my dear
Mother Country old English in jjarticular can never be rightly managed
till the rest of the Proprietary and Charter Governments be as New
England and Maryland And if the Proprietor's Governours or their
Deputies or Charter Governours and other otBcers in those Governments
be not obliged to comply with the acts of Parliament for taking the
Oaths &('. they will continue to have a mighty advantage of his Majesty's
Governments

Your Lordships most obedient & faithful humble Servant

FRANCIS NICHOLSON
Virginia James Town
August 1" 1700.

[B. P. R. O. B. T. Virginia. Vol. 9. E. 26.]

[Indorsed.]

No. 10. Virginia

LETTER FRO]M THE DEP^ GOA^^ OF N. CAROLINA TO

COL NICHOLSON ART DR. COXE'S PATENTS

REFERR'D TO IN COL. NICHOLSON'S

L" OF THE 27'" AUG. 1700.

REC* 19'" OCT. READ

22 OCT^ 1700.

North Carolina August 12"" 1700.
May it please To"' Exc'-"

We have lately heard that Col. Inglesbv is comeing in here our Gov''
Since which we have had advice from ISP Perry who gives acco' that
himself & Col. Ludwell waited upon one Dr. Cox who showed them a
patent granted by King Charles the First to the D. of Norfolk inrol'd
in Chancei'v now confirmed including from the south branch of Nanse-
mond to 35 degrees and two degrees A\'esterly which takes in our Prov-
ince and that there was a Patent for a great part of the land called Nor-
folk granted from Gov' Harvey in 31 to a son of the D. of Norfolk that
the said Dr. Cox had .some dispute with the Proprietors of which if yo'

COLONIAL RECORDS. 629

Exc^ hath any advice be pleased to hono' me with it by the Bearer. The
Hon"" Coll Quarry hath been very sick here but is now upon recovery
If any thing in these parts may be serviceable to yo'' Exc^ please to sig-
nify it to

Yo' Exc^'^ most humble Servant

HENDER. WALKER.

The said M' Perry tells us that liy reason of the said patent supposes
it will be under your Exd*'' Government of Virginia (which if soe will
be aboundant satisfaction to myselfe) and that his Majesty had paid the
passages of a great many French Protestants who were to be settled by
Dr. Cox in Pamplicoe. . H. W.

James Citty August 27'" 1 700.

[B. P. R. O. B. T. Virginia. Vol. 9. E. 16.— Extract.]

GOV NICHOLSON TO LORDS OF TRADE 27"^ AUGUST

1700.

Virginia James City Aug' 27'" 1700

May it please your Lordships,

* * * *

N" 10 is the copy of a letter from M'' Henderson Walker Deputy
Governour of North Carolina by which your Lordships may please to
see what reports there are about Dr. Cox and his Patents I had some
acquaintance with him and I believe he is an honest Gentleman and a
very good Doctor but by what he told me concerning his ill success of
his Jersey Proprietorship I thought he had done with all such projects
but I am afraid several people have abused the Doctor's good nature and
generosity by telling him of .strange countries and giving him Mapps
thereof The Marquis dela Muce and Monsieur de Sailly told me how
they came to be engaged with him and what ill success they had. I wish
that the Doctor would come into these parts of the world and run out
the bound of his Countries and then I suppose he would have so much
of the Continent of America that he ^\'ould not care to come again I
suppose there is some mi.stake about those two patents for I think there
was no such person as a Duke of Norfolk in Charles the First's time
and I have ordered our records to be searched and have done so myself

63

530 COLONIAL RECOKDS.

(but I formerly fijiind and do so now that the old Records are not very
perfect) bnt can find no snch Patent granted by Governor Harvey in
163L Now I lunnbly propose to yonr Lordships that some final end
may be made concerning these Patents for our inhabitants who border
ujjon North Carolina hearing such Reports makes them very uneasy for
I think nobody who could lielj) it W(juld willingly quit being his Maj.
Tenant to be that of a Proprietors and the bounds being at present un-
certain betwixt us and North Carolina people do not much care to take
up land upon an luicertainty for fear least they should fall inider a pro-
prietorship but I l)eg leave to assure your Lordships that I will not be
wanting in my duty to his Majesty both in protecting our inhabitants

and asserting his Majesty's right to the lands &c.

* * *

Your Lordships obliged

aud obedient humble Servant

FRANCIS NICHOLSON

[B. P. R. O. B. T. Proprieties. No: 26. p. 331.]

A LIST OF THE GOVERNORS AND DEP'^ GOVERNORS IN
THE SEVERALL PROP'TIES WHO ARE NOT ALLOWED
OF BY HIS MAJESTIES ORDER IN COUNCILL, AS IS
ENACTED BY THE ACT FOR PREVENTING FRAUDS
AND REGULATING ABUSES IN THE PLANTATION
TRADE MADE IN THE 7'" AND 8'" YEARES OF HIS
PRESENT MAJESTIES REIGN.

Samuel Cranston Governor of the Colony of Rhode Island he refused
to administer the Oath to Coll : Peleg : Sandford Judge of the Court of
Admiralty as Judge intending thereby to incapacitate him from acting as
Judge.

Collonell John Fitz Winthrop Governor of Connecticut.

Collonell Andrew Hamilton Governor of East and West Jersyes.

M' Markhara late Lieutenant Govern'' of Pensylvania.

Henderson Walker Governor of North Carolina, Chosen by the Coun-
cill only in y° room of Thomas Harvey deceased

Joseph Blake Proprietor and Govern"" of South Carolina

Read Elding Deputy Governor by Deputation from Collonell Webb
the late Governor of Providence.

COLONIAL RECORDS. 531

Whetlier tlie Governors in tlie Proprieties, not being- fir.st approved of
by his Majesties order in Couneill before they enter upon their respective
Governments are qualified to put in execution the Acts of Trade or have
a right to receive the benefit of forfeiture arising upon the breach of any
of tlie said Acts.

Whether M"^ Penn the present Proprietor and Governor of the Prov-
ince of Pensylvania be qualified not being first approved of liy his Maj-
esties Order in Couneill, as by the aforesaid Act is directed.

[Records of Perquimans Precinct Court.]

January 1700.
At a Court Holden for the p''cinct of Piqueraons at y^ ITouse of M"
James Oats the Secont Tuesday Janewary 169^^
P'sent Cap' ffletcher Judge
M"^ John Barrow .
M"" Samuel Nicholson
M'' Ifrancis ifoster
Edward Homes and Elizabeth his Wife Ackno a Convaenc for two
Hundred Acres of Land to John Lilly

Upon A petion of M" James Coles according to Ackt of Asembly for
y" building of A Mill At the Head of y" Indien Crick ordered That
James Coles May Have Liberty to build a Mill at y° Plase Peticoned for
Thomas Long Caleb Calleway John Barrow John Stepney Being
apoynted Apraisers of y' Land aecordin to y* Act of Asembly
Christefer Butler var James fflsher

In a Plea of dept y* said ffisher not apearing ordered that y* sd ffi slier
pay to Christefer Butler three pound two Shillings and Six pence and a
young Cow and Calfe With Cost upon a Niediset

Thomas Norcom and Mary His Wife Acknowledg an asignement of a
convaenc for Land In yoapim River to William Long-
ordered That Daniel Snooke be overseer of y" High Way from y" gate
brige at y'' Head of y^ River to y* viriene Rote And to Make a brig
throw y" Mash at his road

RALPH FFLETCHER SAMUEL NICHOLSON
JOHN BARROW FFRANCIS FFOSTER

0,32 COLONIAL RECORDS.

April 1700

At a Court Holden for y^ p'cinct of Peqnemons at y' Hous of James
Oats y° Secont tuesday In Aprill 1700
P'sent Capt Ralfe ffletclier
M"^ John Barrow
M' Samuel Nicholson
M'' ffrancis ifoster
M' Isack Willson
Thomas Clarke vars Richard Devenport

In a plea of y^ case y*' Cort Referd It to y' Jure y* Jure on thare oathes
Say thay find No Canes of action ordered that Thomas Clark Pay Cost

Upon a complaint of James Perisho overser of y° High Wayes against
Daniel Ouele for Not Apearing on y° Roade ordered that Daniell Onell
pay two Shillings & Six pence With Cost
Thomas Clarke vars Richard Devenport

In a plea of y* Case y^ Court Referd It to y^ Jure y° Jure on thare
oathes Say thay finde for y' Plaintef thirty two Shillings ordered that
Richard Devenport pay to Tho : Clark thirty two Shillings With Cost

Upon A Complainte of James Perisho overse of y" High Waye
Against flFrancis Jones for Not Apearing on y' Roade ordered that ffran-
cis Jones pay two Shillings & Six pence With Cost
Gabrill Newby Aturnney to Dorety Bufkin vars Christefbr

Butler Atturney to Stephen Manwaring

In a plea of y' Case y" Cort Referd It to y' Jure y" Jure on thare
Oathes Say thay find No Caues of action ordered that Gabrill Newby
pay Cost
Christefer Butler vars Abraham Hobs

In a plea of y" Case y" S^ Hobs not being provided Craves a reference
ordered that He Have A Reference till y' Next Court
John Anderson Atturney to William Smith op Roade Iland

vars James ffrugeett

In a plea of debt y° Sd ffrugeet Confesed Judgment ordered that
James ffruget pay to John Anderson fower pound Nine Shillings In
poork With Cost

Upon a peticon of Abraham Waren Shewen that He Has Atended y^
Court one day an evedence for Anderson t)rder that y^ Sd Anderson pay
two Shillings and Six pence With Cost

James Thigpen proved a letter of Aturuey of Stephen Manwaring by
Gabrill Newby And Thomas Overman

The Court Is a Jorn till to Morro Eigh of y' Clock y' Court Meet

COLONIAL RECORDS. 533

Upon A petioon of -John Hopkins that He Mont Have a Roade for
His Cart between His Plantations ordered that He May Have Liberty
of A Roade Note Inieren Any Mans Phmtation

William More Proved two Writs for two "^sons Transported Into this
County Whoes Names Are under Written vis Himselfe Elisabeth His
Wife

Thomas Hancock Proved five Writs for five '^sons transported Into
this County Whoes Names are under Written vis Him Selfe Mary His
Wife May His daughter Elisabeth his daughter John His Sonn

John Hare proved three Writs for three "^sons transported Into this
County Whoes Names Are under Wretten vis Him Selfe Sarah his Wife
Sarah Shadock

William ffryle proved on Rite for His transportation and Asigned It
to Robart Murre

Robert Murre proved on Rite for His transportation
Christefer Butler vars James ffisher

In a plea of dept y" Court Referd It to y* Jury And y° Jury on thare
Oathes Say thay ballence y* Account And finde for y* defendant Six
Shillings and two pence With Cost ordered that Christefer Butler pay
Six Shilling and two pence to James ffisher With Cost
James Ward vars Abraham Hobs

In a plea of y° Case y^ Sd Hobs Joyned Ishew but Left y^ Cort And
Went Away Ordered that Abraham Hobs Pay to James Ward twenty
five Shillings And Aleven pence With Cost Ales Exce""

Upon A peticon of Christefer Butler Shewen That As He Atended y®
Court two dayes An Evedence for James Ward Against Abraham Hobs
ordered that James Ward pay five Shillings With Cost to Christefer But-
ler

Thomas Clark vars Georg Mathes In a plea of y* Case y' Sd Mathes
Note Apearen ordered That y' Marshall bring y" Sd Mathes to y° Next
Court

Ordered that William More be Constabel

Ordered that Joseph Sutton Sener be Constabe

ordered that Thomas Houghts be Sepened to y* Next Court for thare
Neglect upon y" Jure

And William Lacy y' Same Contempt

RALPH FFLETCHER
JOHN BARROW
SAMUEL NICKLSON
ISAAC WILLSON
FFRANCIS FFOSTER

534 COLONIAL RECORDS.

July 1700
At A Coiirt Holdeu ffor tlie pVinct of Piquemons At the Hows of
James Oats y* Secont Tuesday In July 1700

p'sent Cap' Ralph flletcher
Isack Willson M"' Samuel Nicholson

M'' ffraneis ffoster
ordered that Andrew Reede be overseer of y* High Wayes betwen
Suttens Crick Brige doun to depe Cricke

ordered That Israel Snell be overseer of the High Wayes from Sut-
tens Crick Brigg to J. P.

ordered that ^^"illiam Lane be overseer of y° High Waves from J. P.
to y" Hed of y" River brigge

ordered that Joseph Smith be overseer of y* High Wayes from y* Head
of Caseltons Crick to y^ Siprus brigg
Christefer Butler vars Abraham Hobs

In a Plea of y° Case y^ Cort Refered It to y' Jury y^ Jury on thare
othes Say thay fiud for y' Plaintife five pound Seven Shillings And
fower pence With Cost Ales Excecution

Thomas Houghton Willi Lacy Nathanell Nicholson Esay Albartson
Robai-t Mury Ifrancis Beasly W^illi Hall James Oats Tho: Stevens John
Yats John Benet \A'illi ffryly

John Benet Proved Rits for Six '^sons transported Into this County
Whoes Names Are under Written vis Him Selfe Rose His Wife John
Benet Juner Elener Benet Jean Benet Thomas Benet

RALPH FFLETCHER
SAMUEL NICKOLSON
ISAAC WILLSON
FFRANCIS FFOSTER

Oct 1700
At A Court Holdeu At y^ House of James Oats for y" p'cinct of
Piquemons y* Secont Tuesday In October being y' 8 day Anno 1700
P''sent Cap' Ralph flletcher

M' John Barrow
Samuel Nicholson
ifrancis ffoster
James Thigpen Aturney to Stephen Manwaren Acknowledg A deed
of Sale for Land And plantation to John Lilly

COLONIAL RECORDS. 535

Cheistefer Butlek vans James Thiggpen Aturney to Stephen

Manwaren

In A plea of y^ Case y" Corte Ret'ered It to y" Jury y" Jury on tharfe
Oaths Say thay find for y" plaintef fifty pound Starling With Cost

Ordered That James Thiggpen pay to Christefer Butler fifty pound
Starling With Cost Ales Exce Against y° Estate of Stephen Manwaren

Robarte ffendall Acknovvledg A deed of Sal for Land to ffrancis
Beasley

Rohart tfendall Acknowledg A deed of Sal for Land to John Bennet

John Bennet And Rose His Wife Acknowledg An Asignement of A
deed of Sale for Land to William Hall

Daniel Hall And Rose His Wife Acknowledg A deed of Sale for to
John Bennet ordered That Anthony Alexander be overse of y* High
Wayes Upon y° Sound Side

Ordered that Thomas Todd be overseer of y° High Wayes from
Bentles Crick to Coles

Ordered that William Jackson be overseer of y° High Wayes from
y° ferre to y° Man Rode

William White ordered be overseer of y^ High Wayes from Jeames
Oatses to y° Chowan brigg

Upon A peticon of James ffrugett And John Stepney Shewen that
they Atended y" Court on day Apeece An evedenc for Christefer Butler
ordered that Christefer Butler pay to Each of them two Shill And Six
pence With Cost

RALPH FFLETCHER SAMUEL NICKOLSON

JOHN BARROW FFRANCIS FFOSTER

1701.

[B. P. R. O. B. T. Proprieties. No. 27. p. 12.]

To the Kings most Exc'" Majestie.

May it please &c

Having formerly on severall occasions humbly represented to your
Majesty the state of the Government under Proprietors and Charters in
America ; and perceiving the irregularities of these Governments dayly
to increase, to the prejudice of Trade, and of your Majesties other Plan-

536 COLONIAL RECORDS.

tations in America, as well as of your Majesties Revenue arising from
the Customes here, we find ourselves obliged at present humbly to repre-
sent to your Majesty ;

That those Colonies in general have no ways answered the chief design
for which such large Tracts of Land and such Priviledges and Immuni-
ties were granted by the Crown.

That they have not conformed themselves to the severall acts of Par-
liament for regulating Trade and Navigation, to which they ought to pay
the same obedience, and submit to the same Restrictions as the other
Plantations, which are subject to your Majesties immediate Government,
on the contrary in most of these Proprieties and Charter Governments,
the Governours have not applyed themselves to your Majesty for your
approbation, nor have taken the Oaths required by the acts of Trade,
both which Qualifications are made necessary by the late Act for prevent-
ing frauds and regulating abuses in the Plantation Trade.

That they have assumed to themselves a power to make Laws contrary
and repugnant to the Laws of England, and directly prejudicial to Trade,
some of them having refused to send hither such Laws as they had en-
acted, and others having sent them but very imperfectly.

That diverse of them have denyed appeals to your Majesty in Coun-
cill, by which not only the Inhabitants of those Colonies but others your
Majesties subjects are dej^rived of that benefit, enjoyed in the Plantations,
under your Majesties immediate Government, and the Parties agrieved
are left without remedy from the arbitrary and Illegal proceedings of
their Courts.

That these Colonies ct)iitinue to be the refuge ami retreat of Pirates &
Illegal Traders, and the receptacle of Gi)ods imported thither from for-
reign parts contrary to Law: In retiu'n of which Commodities those of
the growth of these Colonies are likewise contrary to Law exported to
Forreign parts; All which is likewise much incouraged by their not ad-
mitting appeals as aforesaide.

That by raising and lowering their coin from time to time, to their
particular advantage, and to the j>rejudice of other Colonies, By exempt-
ing their Inhabitants from Duties and Customes to which the other Col-
onies are subject, and by Harbouring of Servants and fugitives, these
Governments tend greatly to the undermining the Trade and Welfare of
the other Plantations, and seduce and draw away the People thereof; By
which Diminution of Hands the rest of tiie Colouies more beneficial to
England do very much suiP

That these Independent C'olonies do turn the Course of Trade to the
Promoting and proprogating woolen and other Manufactures proper to

COLONIAL RECORDS. 537

Englaiid, instead of applying their thoughts and Endeavours to the pro-
dui'tion of such commodities as are fit to be encouraged in these parts
according to the true design and intention of such settlemeitts.

That they do not in general take any due care for their own defence
and security against an Enemy, either in Building Eorts or providing
their Inhabitants with sufficient Amies and Amunition, in case they
should be attacked, which is every day more and more to be appre-
hended, considering how the French po\v'" encreases in those parts.

That this cheifly arises from the ill use they make of the powers en-
trusted to them by their Charters, and the Independency which they
pretend to, and that each Government is obliged only to defend its "self
without any consideration had of their Neighbours, or of the general
preservation of the whole.

That many of them have not a regular militia and some (particularly
the Colonies of East and West Ne\v Jersey) ai'e no otlierwise at present
than in a state of Anarchy and confusion.

And because the care of these and other great mischiefs in your Majes-
ties Plantations and Colonies aforesaid, and the introducing such an ad-
ministration of Government and fit regulation of Trade as may put them
into a better State of Security and make them duly subservient and use-
full to England, does every day become more and more necessary, and
that your Majesties frequent Commands to them have not met with due
complyance : We humbly conceive it may be exjjedient that the Charters
of the severall Proprietors and others intitling them to absolute Govern-
ment be reassumed to the Crown and these Colonies put into the same
State and dependency as those of your Majesties other Plantations, with-
out prej udice to any man's particular property and freehold. Which being
no otherwise so well to be effected as by the Legislative power of this
Kingdome.

Wee humbly" submit the same to your Majesties Royall consideration
Whitehall.

March 26"^ 1701.

STAMFORD
LEXINGTON
PH: MEADOWS.
W" BLATHWAYT
JOHN POLLEXFEN
ABR: HILL
MATH: PRIOR.

64

538 COLONIAL EECOEDS.

[B. P. R. (). B. T. Proprieties. No: 27. p. 47.]

THE LORDS OF TRADE TO THE LORDS OF THE
TREASURY.

Aprill 29'" 170L
My Lords,

There being a Bill depending before the R' Hon'''^ the Hou.se of Lords
for reuniting to the Crown the Government of severall Colonies and
Plantations in America and their Lordships having thereupon directed
(as we are informed) that Councill be heard at their Bar tomorrow being
Wednesday, as well in behalf of his Maj'^ as of the Proprietors con-
cerned which will require that some person be appointed to soUicite the
same and furnish what shall be necessary towards the charge thereof on
the Kings behalf, Avee offer to yoar Lordships, that the Solliciter of the
Treasury may be directed to take that care and furnish the necessary
charge in assistance to M"^ Randolph who has Orders to follow that mat-
ter we are

My Lords

Your Lord^P^ most humble

servants

STAMFORD
MEADOWS
W" BLATHWAYT
JOHX POLLEXFEN
ABR: HILL
Whitehall MAT: PRIOR

Aprill the 29'" 170L

[B. P. R. O. B. T. Journals. V. 14. p. 65.]

Whitehall. June ll'" 1701.
]\P Randolph acquainting the Board that there is now no chance of
passing this Session the Bill which has some while lain before the House
of Lords for reuniting to the Crown the govern' of several Colonies and
Plantations in America And that several of the witnesses which he had
now ready to have produced about that matter will not be here at another
Se-ssion of Parliament, Their Lordships desired him to take all their
Affidavits that may be material before a Master in Chancery and to lodge
'em here which he promised to do accordingly.

COLONIAL RECORDS. 539

Whitehall July 22'"' 1701.
M' Mica jail Perry presented to t\w Board an extract of an Act lately
passed- in Carolina relating to the currency and rate of several coins there
& complained that those who had debts standing out in that Country,
where by the raising of money, as ordered by the said Act defrauded of
30 })er cent of their due Whereupon Ordered that a cop}' ui' that exti-act be
sent to M' Thornburgh that he may know what the Lords Proprietors
of Cai\)lina have to say upon it and accordingly acquaint this Board
therewith

Whitehall. July 30'*" 1 701 .
A letter from AP Thornlnirgh of the 29"" in answer to one Writ him
the 22"'' inst. concerning An Ad for raising the coin in Carolina was
read Declaring that he does not remember that any such Act has yet
been transmitted, Or if perhaps it were that he is confident of the Lords
Proprietors dissent to it.

[B. P. R. (). B. T. Virginia. Vou 38. p. 86.]

LORDS OF TRADE TO GOV. NICHOLSON 22 JULY 1701.

To the Hon'''" Francis Nicholson Escf His Maj. Lieutenant and Gov-
ernor General of his Maj. Colony and Dominion of Virginia in Amer-
ica or for the Commander in chief of the .said Colony for the time being.
Sir,

The irregularities & misdemeanors that have long been pi'acticed in
his Maj. Plantations under Proprietary and Charter Governments to the
prejudice of Trade and of other Governors appointed by his Maj. imme-
diate Comnii.ssion as likewise to tlie prejudice of his Maj. Revenue aris-
ing from tlie cu.stoms And the small effect we have found of our Appli-
cation to the respective Governors of those Proprietary Plantations for
the redressing such matters having obliged us the la.st winter to repi-escnt
the .same to His Majesty and it having been thereupon thought fit that
the remedy of tho,se evils is not any other ways so well attainable as by
the Legislative powers of this Kingdom a Bill was accordingly brought
into the House of Lords for reuniting the government of those Planta-
tions to the Crown and j)utting them into the same State and dependency
as his Maj. other Plantations aforementioned without prejudice to any
mans particular property or freehold.

540 COLONIAL RECORDS.

But tliat Bill by reason of the shortness of time and multiplicity of
other business not having passed into an Act And it being very proba-
ble that the same matter may again come under consideration the next
Session of Parliament We have thought fit to desire and do accordingly
hereby desix*e and direct you to get the best information you can relating
to the conduct of Proprietary Governours and Governments upon the
several Heads of Observations that have been made of their undue pro-
ceedings whereof we send you a copy here inclosed And upon such other
heads as you judge proper to give a true light into the state of those
Plantations (more especially in relation to Carolina and the Bahama
Islands) and to transmit unto us the most authentic and most particular
proofs that you can procure of the trutli of those matters with all possi-
ble diligence So we bid you Heartily Farewell
Your very loving Friends

STAMFORD
PH. MEADOWS
ABR. HILL
Whitehall MAT. PRIOR.

July y^ 22M 701.

[P.. P. R. O. B. T. Va. 38. p. 86.]

OBSERVATIONS RELATING TO THE PROPRIETARY
GOVERNMENTS IN AMERICA.

The Governours of the Propriety and Charter Governments are gen-
erally not qualifyed by taking the Oaths required by law nor have they
his Maj. approbation according to the Acts of Trade and more particu-
larly the late Act for preventing frauds and regulating abuses in the
Plantation trade.

They have assumed to themselves a power to make Laws contrary &
repugnant to the Laws of England and prejudicial to our trade.

Some of them have refused to send hither such I^aws as they enact,
some neglect to do it and others have sent the Laws but very imperfect.

Divers of them have refused Appeals to His Majesty in Council by
which the inhabitants of those Colonies are deprived of the benefit al-
lowed in the Plantations under His Maj. Government and the parties
aggrieved are lefit without Remedy for the arbitrary and illegal proceed-
ings of their Courts

COLONIAL RECORDS. 541

Tiiot^ie Pruprietary Colonies are the ordinary refuge & retreat of" Pirates
& illegal Traders.

By raising and lowering their coin from time to time (as may be for
their particular advantage) they prejudice other Colonies in drawing away
their money and likewise draw away their servants and people and har-
bour fugitives

They apply themselves to the improvament of woollen manufactures
and other manufactures and products of England which they carry di-
rectly to the Foreign parts and more especially to the Spanish Indies
And they furnish theiuselves from Foreign parts with all sorts of Euro-
pean commodities to the great prejudice of the interest of this kingdom.

They do not put themselves in a state of defence by having any regu-
lar Militia, arms or ammunition

Some of them are in a state of Anarchy and Confusion

[B. P. R. (). B. T. Virginia. Vol. 9. F. 12.— Extracts.]

GOV NICHOLSON TO LORDS OF TRADE 2 DEC. 1701.

Virginia 10''" 2"'* 1701.
May it please Your Lordships,

* * * *

I have had the honor to receive your Lordships letter of June 22'* con-
cerning the irregularities & misdemeanors that have been long practised
in His Maj. Plantations and Proprietor and Charter Governments Ac-
all which is most certainly true as are likewise Your Lordships Observa-
tions relating to the Proprietary Governments in America and I am
heartily sorry and concerned the Parliament hath so much business that
a Bill concerning them was not passed but I hope in God it will this Ses-
sions.

The Hon'''* Col. Robert Quary about two months ago touched here in
his way home froni South Carolina

I have particularly discoursed him about Dr. Cox's affair And if the
Doctor should obtain according to my I^ord Matravers his Grant We are
apprehensive that it will take away a good part of Virginia which lies on
the south side of James River but Avith submis.sion I believe it is rather
a sort of Indenture and I think my I^ord Matravers never complyed
with any one condition at least no such thing appears upon our Records
this is matter of law and so beyond my capacity to determine but if the

542 COLONIAL RECORDS.

dispute lies between the Lords Proprietors and Dr. Cox and that he be
willing (according to this letter to me) to put it under his Maj. Govern*
of Virginia (it may be of interest and service in point of the tobacco
trade) and be content that the Plantations of those who have taken Pat-
ents here, since Charles the 2"'' his Grant to the Lords Proprietors may
be the boundarys betwixt Virginia and New Carolina then it had better
be the Doctors than the Proprietors (if they will not do the same things)
for some people are apprehensive tliat if the Line should be run accord-
ing to the Lords Proprietors Charter it would take in several plantations
which now pay Quit rents to his Majesty and are in all other respects
under his government I heartily wish that this affair of the bounds was
well settled in the mean time will not be wanting in my duty to his Maj-
esty according to your Lordships commands in that affair.

In order to settle the affair of North Carolina I humbly propose that
his Majesty would be graciously pleased to purchase the proprietorship
thereof if it cannot be had otherwise and if ^2000 sterling were given
for it (but I hope it may be })urchased much cheaper) I suppose in some
years time his Maj. would be no looser by it considering the advantage of
the Quit rents and of the encouragement that people might have in going
upon tobacco there &c. And this £2000 might be spared out of the Quit
rent money now in M"" Auditor's hand for I am in hopes tliat they will
this year sell indifferently well.

I was extraordinarily troubled & concerned that the intended meeting
of his late Excell"^ the Earl of Bellomont Gov'' Blakistou & myself was
disappointal but I luimbly propose that all those Governors who have
immediate Commissions under his Maj. on this Continent may meet
together as soon as possible in order to consult about this affair of the
Indian trade as also concerning others of his Maj. interest and service
but if the Proprietary or charter Govern'^ should be there to be sure tlieir
own interest & service would l)e their main design for I suppose some of
the principal things which we shoidd consult about would be the great
prejudice it is to his Maj. interest and service to have Charter & Proprie-
tary Govern"* and humbly to represent the reasons thereof as also how
they may be remedyed As to the first it cant be expected that tliose Gov-
ernours will joyn witli us nor is it in the least convenient that they should
know the reasons either against them or how they may be remedyed If
the Charter and Proprietaiy Governours should be ordered to be at such
a Meeting they wt)uld make great use of it with their people that his
Majesty owns them as Governours tho' they liave not complyed with the

COLONIAL RECORDS. 543

Acts of Parlianiont for taking of Oaths particularly of that of a Gov'
for duly observing the Acts of Trade & Navigation & that nothing can
be done at least without some of them a.s was reported in Pennsylvania
upon his late Except y' Earl of BelloniontsGov' Blakiston and my being
to meet th«re and that his Maj. had ordered us to wait on M' Penn But
if they are not there the people might take it that they are slighted and
that his Maj. did not think them qnalifved by law as they ought to be
or that they were not to be made use of by his Maj. or protected by him
as the other Governours were who have the honor to have his Maj. im-
mediate Commissions It might discourage their own people and be a
means to make them uneasy under their government and fly to his Ma-
jesty for protection as'on the other hand it might be an encouragement
to those under the governments of his Majesty. If your Lordships
please Col. Quary can give you an account of these aiFaire being so de-
sired by him who is

Your Lordships

most obliged and

faithful humble Servant

FR: NICHOLSON

[From the Vkstry Book of St. Paul's Parish, Chowan Precinct.]

ANNO DOM 1701 CHOWAN PRECINCT Ss—

In obedience to an act of assembly made November the 12"" 1701 aji-
pointing a Vestry for this precinct Consisting of.

The Hono"° Henderson Walker Esqr.

Col Thomas Pollock

William Duckenfield Esq"^
, M' Nicholas Crisp

M' Edward Smithwick.

M"" John Blount

Mr James Long

Mr Nathaniel Chevin

M' William Banberry

Col William Wilkinson

Cap' Thomas Leuten.

Cap' Thomas Blount.
Who being all present at the house of M"^ Thomas Gillam. December
L5'^ 1701.

544 COLONIAL RECORDS.

It being debated where a church should be built Mr EdAvard Sniith-
wick undertakes to give one acre of Land upon his old plantation and to
give a Conve\^ance for the same to the Church Wardens hereafter ap-
pointed for the use and service of the precinct to build a Church upon,
and for no other use an to acknowledge the same in open court.

THE CHOICE OF CHURCH WARDENS.

It is appointed that Col William Wilkinson and Cap' Thomas lieuten
shall be church-wardens for the following year, who shall agree with a
workman tor building a Church 25. feet long, Posts in the ground and
held to the Collar Beams, and to find all manner of Iron work viz' nails
and Locks &c with full power to contract and agree with the said Work-
man as to their direction, shall seem meet and convenient.

It is agreed that Nathaniel Chevin shall be Clerk of the Vestry and
shall keep a book of the proceedings of the Vestry for which he shall be
allowed so shillings '^ Day for every Day he attends upon the Vestry or
Church Wardens

Ordered that the Church Wardens aforesaid having agreed with Work-
man for the building of a Church as aforesaid. Whatsoever Charge
shall accrue for and towards the building of the aforesaid Church, or any
other Charge relating to the same (although not here particularly men-
tioned), by the said church Wardens be levied by the pole upon the
Tythables of the Precinct, the Church Wardens first endeavouring to
raise the said money by contribution, and in case of failure to raise it by
the pole as aforesaid, to agree with a Collector or Collectors to receive the
same with power to destrain in case of Refusal. Ordered that the
Church Wardens provide a reader, and shall agree with him for his ser-
vice, and that each Vestry man shall do his endeavour to inquire for a
Reader, and give thereof an account to the Church Wardens if any
presents.

Ordered that the Inhabitants of the So West Shore, build a Chappel of
Ease on their Shore at the charge of the precinct after the aforesaid
Church be built, and that they may there have a reader at their own cost
and charge, and be excused from paying any thing to a reader on the
North Shore. And that either the Hon"' Co' Thomas Pollock or Wil-
liam Duckenfield Esq' agree with the said reader.

Ordered that Twelve pence be levied on every Tythable in the pre-
cinct, and that Eight pounds be paid out of it to Chris" Buttler towards the
supply and maintenance of Rob' Willsou, And that Francis Wells col-
lect the loM'er pai't of the precinct, as high as Mr Crisps and William

COLONIAL RECORDS. 545

Early, from thence upwards on the west shore by William Jones on the
South Shore by Jolm Walker, and shall render and account of the same,
to the Church-wardens and the said church wardens shall pay out of it
to Christopher Butler Eight pounds and shall give an account of the
remainder to the Vestry. And the Constable of each District shall de-
liver the copy of this order to the respective collector. And if any of
the aforesaid collectors shall refuse the same the Constable or con8tal)les
of their district shall bring them before the Hono"" Henderson Walker
Esq &c or before the Hono"" Thomas Pollock to answer their contempt.

[B. P. R. O. B. T. Peopeieties. No. 26. p. 464.

AN ABSTRACT OF MY PAPER HUMBLY PRESENTED
TO THE RIGHT HON"^ THE LORDS COMMISS" FOR
TRADE SHEWING THE HIGH CRIMES AND ENCREAS-
ING MISDEMEANORS AND MALL ADMINISTRATE OF
THE GOVERNORS IN THE SEVERALL PROPRIETIES
ON THE CONTINENT OF AMERICA, AND ISLANDS
ADJACENT.

* * * *
South Carolina.

M' John Archdall the late Gov"" (under his son a Lord Proprietary of
the Province) pei-mitted some of Every's Men, who came from Provi-
dence to Land, and bring their money quietly a shoar, for which favour
he was well paid by them.

He contrary to the Acts of Trade, gave his Perraitt to Simon Tris-
trank (a French man borne) who came from S' Thomas to put off his
sugar, wine and cocoa, for which his Marshall received for the Governor
a large present, and therefore he would not suffer the Judge of the Ad-
miralty, nor the Collector to seize her, saying she belonged to English
owners, vide depositions.

He allowed one Day Master of a great ship of Bristol which came
into the Harbour loaden with Sugar from Jamaica, to sell his Sugar to a
merchant in Charles Town, upon Condition that M' Archdale should
have a share of it.

M'' Blake his successor in the Governm' sent six barrells of Gunpow-
der, bought for defence of the Country (being a great Indian Trader) by
his Agents to purchase skins of the Indians, vide Depositions.

He clandestinely got j£80. from William Joel Ma' of a Bermuda sloop,
which he caused to be .seized, upon pretence she was not registered,
65

546 COLONIAL RECORDS.

whereas the time for registring vessells was not expired, vide Deposi-
tions.

He caused a sloop belonging to Carolina loaden with Negroes from
Guinea, to be seized upon the same pretence, and discharged her upon
the owners promise to pay him 50£. (vide Depositions of the Owners
sworn before a master in Chancery.)

He was consenting to the seizing of the ship Carlisle stop five months
in the Country, upon pretence that the Ma"^ was a Pyrate, but the design
was to get her into his and his Confederates hands, by putting the sail-
ors upon seizing her for their wages, and then get her to be sold to them
for little or nothing.

By a Trick he put upon the Credulous Master of the Edward and
Sarah of London, loaden with sugar from Yamaica, he gott the Manage-
ment of the vessell and her Loading into his hands, and leaving that to
the care of one Loggen, they imbezilled the Sugar and brought in Ex-
travagent Charges for Comission, which were allowed. The vessell was
sunk through their neglect, yet they demanded and had 30£. for their
care & diligence.

He and the Judge of the Court of Admirality (his brother in law)
condemned the Snow Gully of London, and her Loading they were ap-
praised at a low value. His Majesty sometime after was pleased to order
them restore to the owners the vessell & Loading, which they were glad
to take at the appraised value, besides the loss they sustayned for want
of their market However Governor Blake and his confederates made
great advantage by the sale of those Goods at the Country price

The Cole and Bean Galley of London and Loading worth two or three
thousand pounds sterl : were condemned and appraised at not -half the
value, the vessell was bought by Loggan under hand for the Governor
and Bellinger, and the pretended collector for much less than halfe what
she cost setting out in England ; they sent her to the Bay of Campeache
for Logwood and ordered the Master to sell her, and her Loading at
Curasoa or Holland.

He turned M'' Nicholas Trott (app" y^ Naval Officer by the Lords
Proprietors and also by the Commissioners of his Majesties Customes)
out of his place because he was diligent and faithfull to his trust, and
put another therein, who was his confident and not fit for the place

North Carolina.

Thomas Harvey late Governor was deputed by M"^ Archdall he put
Mast" to great charges because of their vessells not being registered,
though the time lymitted for registering them was not expired. The

COLONIAL RECORDS. 547

Tobaco made in that Pi-ovince is generally carried, to Boston or to the
Islands near to C/Onnecticott Colony where it is carryed to Scotland &c
which frannd ought speedily to be prevented.

During his Government his Majestys ship the Hady was drove a shore
upon the sands between the Inletts of Roanoak and Currituck, the In-
habitants robed her and got some of her guns ashore and shot into her
sides and disabled her from getting off. The actors were tryed and one
of the chief was banished. Henderson Walker the present Governor in
no sort fit for the Office

May it please Your Ld^f"

The many misdemeanors I have justly charged upon the severall Gov-
ernours in the Proprieties, arise chiefly from a very great neglect in the
Propriet" not taking due care to provide an Honorable Maintenance for
support of their Governors, which is the true reason why no honest Gen-
tleman of good reputation and abilities, to serve his Majesty in the
Quallity of Governors will leave his Country to live upon the Rapine
and spoil in the Proprieties, as many of them have done for severall
years last past; For 'tis easy to believe that Governors in such necessi-
ties will be soon tempted to do all unlawfull things. Neither have they
taken any notice of the frequent complaints of the grievous oppressions
done by their Governors to his Majesties subjects, nor of their exacting
extravagant Fees from Masters of vessells and other Trading Persons,
so as to redress them ; Whereby lawfull Traders have been wholy ruined.

They have not at any time (during the late Warr with France) bought
or sent over any great Guns, or small Amies for Horse or Foot Amuni-
tion of all sorts, nor provided ships of Warr to be manned when neces-
sary, nor soldiers ready for the defence of his Majestie's subjects inhab-
ting those Provinces, so that all the Proprieties (from the Bahama Is-
land south beyond Pemaquid North) at this time lie open and exposed
to every invasion, being an easy prey to their merciless and insulting
Enemys the French and Spaniards &c : especially South Carolina, lying
within sixty miles of the Town and Port of S' Austin, a place well
fortyfyed and mand ; from whence I saw a Lieutenant and six Spanish
soldiers in March 1699, who came from thence in a small Periogna within
the Laud.

From the consideration whereof and for the more efiFectuall preventing
the imminent ruine the Proprieties are in at present, and also for the
more effectual suppressing the growing evills arising from the arbitrary
practices of their Governors which the Proprietors ai'e in no sort capable
to redress.

Tis therefore humbly pi'oposed

548 COLONIAL RECORDS. •

1. That the Government of all the Proprieties on the Continent of
America and Islands adjacent be forthwith vested in the Crown.

2. That all the just Rights & Prop'ties of the severall Pi-oprietors,
and also of all the Persons claiming by or nnder them, be continued and
confirmed to them by Act of Parliament to be enjoyed in as full and
ample Manner as they have or may of right enjoy by virtue of their
respective Grants or Patents for tlie same.

By which means they themselves will be fully secured in all their
Rights, under an Equall Administration of his Majesties Government
and protected in their lives and Estates from Rapine and depredation.
The Acts of trade duly observed in all his Majesties Colonies and Prov-
inces, and his Majesties Revenue yearly encreased, which will be a miglity
benefit and advantage to all his Majesties Subjects inhabiting there.

And lastly their lands and estates made thereby far more valuable than
before.

All of which is humbly submitted l)V

' E. RANDOLPH.

[Records of Perquimans Precinct Court.]

April 1701 At A Court Holden at the House of Cap' Anthony Daw-
son for y" p'cinct of piquimons y'' 8 day of April 1701
p''sent Cap' Ralph ffletcher Judg
M' Samuel Nicholson
M' ifrancis ffoster Justises
Ordered that James Coles be Constabel for y° year Insuen
Ordered that Samuel Charles be Constabel for y° year Insuen
James FFUciEET vars John Rennet

In a Plea of defamation y" Sd Rennet not apearen
Ordered that y" Slirife liring y° Sd Rennet to y" next p^'cinct Court

RALPH FFLETCHER
SAMUEL NICKOLSON
FRANCIS FOSTER

July 1701 V
At A Court Holden At y" House of Cap' Anthony Dawson for y°
p'cinct of Piquimons y^ Secont tnesday In July being y" 8 day 1701
p'sent Cap' Ralph ffletcher Judg
M" Samuel Nicholson
M' John Barrow Justices

M' ffrancis ffoster
M' Isack Willson

COLONIAL RECORDS. 649

Isack WilLson Proved A Letter of Aturney of Henery White by
Samuell Nicholson
The Hon" Henderson Walker vars Abraham Hobs

In a plea of debt y* Sd Hobs CJofesed Judgment ordered that Abra-
ham Hob.s pay to y" Hon" Henderson Walker fower pounds twelfe Shillin
In poork With Cost Ales Excecution

Juliana Lakar and Ruth Laker Proved A Will of Beniainen Ijaker
by y^ Oathes of Richard ifreneh And Elisabeth Steward Debro Thuston
John More vars Daniel Snooks

In a plea of debt y* Court Referd It to y^ Jury y* Jury on thare oath
Say thay find for y^ Plaintef too Cow & Calf and thirty Shilling
dameg With Cost of Sute ordered that Daniel Snooks pay to John More
too young Cows and Calfe and thirty Shilling dameg With Cost of Sute
Ales Execution
EpAPHEODiTtJS Benton vars Daniell Snook

In a plea of debt y^ Court Referd It to y" Jury y" Jury on thare oathes
Say thay find for y" Plaintef on young Cow and Calfe And twenty
Shillings dameg With Cost of Sute Ales Excecution

Co" Robart Quarry Plaintef declares against Abraham Hobs defend-
ant in a plea of debt y^ sd Hobs Confesed Judgment ordered that Abra-
ham Hobs Pay to y^ sd Quarry Six Hundi-ed Waite of ffresh Poorke
and nine Hundred Waite of good Sound Marchantabel to Bacco and
Cask Ales Exce With Cost of Sute

Robart ffendall proved a Letter of Aturney of William tfryly and
Grase His Wife and Thomas Blunt and Mary His Wife

Robart ffendall Aturney to William tfryly and Grase His Wife and
Mary Blount and Thomas Blount acknowledg a deed of Sale for Land to
James Coles Aturney to Edmond Peirce '

Anthony Alexsander and Ann His Wife acknowledg a deed of Sale of
Land to ffrancis Beasley

Anthony Alexsander and Ann His Wife acknowledg a deed of Sale
fiir Land to Thomas Harvy

Archbill Homes Aturney to William Barrow and Elisabeth His Wife
acknowledg a deed of Sale for Land to John Hopkins

Upon a Peticon of Robart Inkrsone Shewen that Walter Sestions is
ded Haven Made No Will ordered that Robart Inkrsone that married y"
Rellock of y" sd Sestions Have Adminestration of y* goods and chattels
Walter Sestions Haven give bond and Securitie for y" Same

John tfalconer acknowledg a letter of Aturney to Thomas Norcom

ordered that John Stepney and William White and Thomas Hough-
ton be apraisers of y^ Estate of Walter Sestions & bring an Inveutore
to y° Next Court

350 COLONIAL RECORDS.

Juliana Laker's Maken choys of Cap' ffleteher and M^ John Barrow
and Isack Willson to be apraisers of Beniamen Lakers Estat ordered
that Cap' Ralpli ffleteher and Mr. Barrow and Isack Willson apraise y^
sd Estat and bring an Inventory to y° next court and to devi<l y* sd
Estate between Ruth Lakers and y* Widdo Lakers.
James ffugeet vars Thomas Stephens

In a plea of y° Case y° Court Referd It to y' Jury y° Jury On thare
Oathes Say thay find no Canes of action ordered that James ffugeet pay
Cost

Upon A peticon of John Prickh) Shewen that ffrancis Bedson Ijay Sick
At His A Long time And At Last dide And y" Sd Pricklo Buried Him
At His on Cost And Charg ordered that What thare Was In y" Sd
Pricklo Custodie of Bedsons Estate He May Keepe for His Satisfaction

The Court AJoyrnd till Nine of y' Clock to Morro

The Court Met In order to y° A Jojrment

Upon A peticon of Richard firench Shewen that He Has Atended y^
Court on day An Evedence for the Hon" Presedent Henderson AValker
upon Hobs Is bill ordered that His Honor pay to y° Sd flfrench too Shil-
lings & Six pence With Cost Ales Exec

Ordered that AA'illiam Lacy be overseer of y** Higli Wayes from L P
to y° Head of y* River brigg

Ordered that Samuel Passons be overseer of y' High Wayes from Sut-
tens Crick to y* yousall plas In Littel River

Ordered that Gabrill Newby be overseer of y'' Higli Wayes from y'
Casseltons Crick to y' Siprus Brigg And from R P to Lawrence Magoes

Upon A Peticon of Thomas Norcom Aturney to M"^ Thomas Blunt
Shewen that ffrancis Bedson Is (led Haven Maid No Will ordered that
Thom Norcom Have Adminestration of y* goods And Chattels of ffran-
cis Bedson He Haven give bond Security for y° Same

RALPH FFLETCHER SAMUEL NICKOLSON

JOHN BARROW ISAAC WILLSON

Oct 1701
At A Court Holden at y° Gran Court House for the p''cinct of Piqui-
mons y^ Secont tuesday In October 1701 being y'' 14 day
P'sent Capt Ralph ffleteher Jud ;
M' John BarroAv
M' Samuel Nicholson
M' ffrancis Ifoster Justise
Robart Sutton And Elizabeth His Wife Acknowledg A deed of Sale
lor Land to Esay Albertson

COLONIAL KECOEDS. 551

Majer Samuell Swaun And Elizabeth Hi,s Wife Aeknowledg A dectl
of Sale for Land to Saniiiell Swanii Jiiner

Upon a Peticon of John Hcckenfele Shewen tliat George Pordy Is
dead Haven Maide No Will It Is ordered that y" 8d John Ileckenfele
Have Adm of y" goods and Chattells of y" Sd Estate Haven Entred
Into bond And Secnrity for y" Same He being y° gratest Credeter
Abraham Hobs vars Thomas Stevens

In a Plea of defeniation y" Conrt Referd et to y" Jury y'' Jury on
tliare Oathes Say thay find No Cauese of Action

Ann Willson Juner Proved A deed of Sale of Ann Willson Sener by
Joseph Smith And David Sharwod

Thomas Stevens And Jean His Wife bound thare Sonn Beniamen
Stevens to Christepher Butler His Heirs Till he Comes of Eage of one
And twenty He being Six years ould And upwards Now.
Abraham Hobs vars Jeames ffisher

In y° plea of y° Case y" Court Referd It to y" Jury y" Jury on thare
Oathes Say thay find for the Plaintef ordered that James ffisher deliver
to y° sd Abraham Hobs his crope according to thare Condition With Cost
of Sute Ales Excecu'

John Anderson and Jean his Wife acknowledg an asignement of a
deed of Sale for Land to Jeames Layton
JuLiA>fA Laker vars Thomas Stevens

In a Plea of y* Case y" Court Referd It to y'' Jury y* Jury on thare
Oathes Say they ffind no Canes of action ordered that Julyana Laker
pay Costs Ales Excecution.

Mistris Julyana Lakers Craven an Apele to y" gran Court ordered y*
Shee Have an Apele

Upon a Peticon of Samuel Philps and Jeames Chesen Shewen that as
they Lived With John Lilly till he dyed and Maide A crop ordered that
Samuell Philps have a full Sheare of all y'' crop and Jeames Chesen
Halfe a Sheare of the Crope

October y' 14 Anno 1701 f RALPH FFLETCHER

{ SAMUEL NICHOLSON
t FRANCIS FOSTER

[From MSS. Records of Friends' Monthly Meetings in Pasquotank Precinct.]

At a monthly meeting Held at the House of Stephen Scott the 3'" of
the T"" march 1701 Thomas Cartwright and Mary Steward had their
Intentions of taking Each other in Marriage it being the first time

552 COLONIAL RECORDS.

1702.

[Fkom MSS. Records of Friends' Monthly Meetings in Pasquotank Precinct.]

At a Monthly meeting Held at the House of of Stephen Scott the 6"' of
the 3'* Montli 1702 It is concluded hy the said Meeting that the Monthly
Meeting he held henceforward at the House of Caleb Bundy upon the first
5"i (ijjy jj, Each Month to be for men and womens meetings Also it is
further concluded that the first day meetings shall be held henceforward
one first Day at the House of Stephen Scott and the other at the House
of Henry AVhite

[B. P. R. O. B. T. Proprieties. No. 27. p. 426.]

W. POPPLE TO M' ATTORNY GENERAL.

April 8'" 1702.
Sir,

The Lords Commi.'^sioners for Trade and Plantations having immedi-
ate Occasion to look into some of the acts of Pensylvania, which are in
your hands, they desire you to return them without giving yourself the
trouble at present of making any particular Report thereupon; Only
they would be glad to receive your and M"" Sollicitor General's answer to
the Two Questions exjiressed in my Letter of the 29"' of October last,
wherein I sent you the said acts, with what speed you can. I am &c

W: POPPLE.

Whitehall April 8'" 1702.

An Act for remitting to the Crown the Government of several colonies

and Plantations in America.

Whereas by virtue of .several charters and Letters Patents under the
Great Seal of England passed and granted by several of his Majesty's
Royal Predecessors, as also by his present Majesty and the late Queen
Mary of Blessed Memory, the several Colonies, Provinces and Planta-
tions of the Massachusets Bay, New Hampshire, Rhode Island and Pro-
vidence Plantation, Connecticut in New England, East and West Ne^\'
Jersey, Pensylvania and the adjacent Territories, Maryland, Carolina and
the Bahama or Luca Islands in America, have been granted unto several
persons, together with the absolute Government and authority over his
Majesty's subjects in those Places, whereby the Grantees were not only
made Proprietors of the Soil and Lands comprehended within the said
Places but also Lords and Governors thereof, with full power of exercis-

COLONIAL RECORDS.

ing Royall Government and other Jurisdietions over the Inliabitants
thereof; and wliereas the scvcrhig of such power and anthority from the
Crown and phu-ing tlie same in the hands^of .snbjeets hath by Experienee
been found prejudicial and repugnant to the; Trade of this Kingdom and
to the Wellfare of his Majesties other Phvntations in America, and to his
Majesty's Revenue arising from the Customes by reasons of the many
Irregularities committed by the Governours of these Plantations and by
those in authority there under them, by encouraging and countenancing
pirates and unlawfull Traders and otherwise. Be it therefore enacted, by
the King's most Excellent Majesty, by and with the advice and consent
of the Lords spirituaPand temporal and commons in parliament assem-
bled, and by the authority of the same; That all and singular the clauses,
matters & things contained in any Charters or Letters Patents hereto-
fore passed under the Great Seal of England by any of his Majesty
Royal Predecessors or by his present Majesty and the said late Queen,
relating to the Government of his Majesty's subjects within the said
Plantations, Colonies or places, or any of them or within any other Plan-
tation, Colony or place in America, whereby any Power or authority is
granted to any person or persons from the Crown, be & is hereby de-
clared and enacted to be utterly void and of none Effect. And it
is hereby further declared and enacted, shall all such power and
authority priviledges and jurisdictions be and are hereby reunited, an-
nexed and vested in his Majesty, his heii's and successors, in right of the
Crown of England, to all intents and purposes, as though no such Char-
ters or Letters Patents had been had or made. Provided always that
nothing herein contained shall be construed to extend any ways to alter,
take away diminish or abridge the right or Title, which any person Per-
sons or Bodies Politick or Corporate have or lawfully may have or claim
to any land, teneme'nts or Hereditaments or any other matter or thing
(Authority and Government only excepted) by Virtue of the said or any
other C'hai-ter or Letters patents or by Virtue of anj' Right or Title
derived from or under such Charters or Letters patents by any mean
assignments or conveyances or otherwise howsoever. Provided also that
nothing in this Act contained shall be construed to impower his Majesty,
his heirs or successors to govern the said Plantations, C-olonies or places
or any of them or the Inhabitants thereof otherwise than according to
the Laws in force in the said Plantations and Places respectively not re-
pugnant to. the Laws of England and such other Laws and Constitu-
tions as shall from time to time be made by General Assemblies of the
said respective plantations according to the several and respective Privi-
66

554 COLONIAL RECORDS.

ledges as at any time heretofore granted to the said several Plantations
and Colonies respectively, by any Charter or Charters or Letters patents
under the Great Seal of England and according to the usages in his
Majesty's other Plantations in America.

[B. P. K. O. North Carolina. B. T. Vol. 4. p. 92.]

The Right Hon"" John Granville Esq'*^ one of her Majestyes most
Hon"'* Privy Councill Palatine the Right Hon'"'= William Lord
Craven the Right Hon"' John Lord Carteret the Hon"<' Maurice
Ashley Esq" S'' John Colleton Bart' and the rest of the true and abso-
lute Lords and Proprietors of Carolina in America

To Our Trusty and Wellbeloved S'' Nathaniell Johnson K' Governor of

South and North Carolina
^ Wee the said True and Absolute Lords & Proprietors of the Province
afores* Reposing Special Trust and Confidence in the Courage Loyalty
and prudence of you the said S"^ Nathaniell Johnson Doe hereby consti-
tute and appoint you during our pleasure Governor of Our whole prov-
ince of Carolina and you are to doe and execute All things in due man-
ner and forme That shall belong to your Command or the trust wee
have repose in you according to the severall powers Granted you by this
present Commission Wee do hereby further Impower constitute and ap-
point you our said Governor to be Admirall Captaine Generall and Com-
mander in Cheif of All the Forces Raised or to be raised by Sea and
Land within our said province and over them to appoint a Lieutenant
Generall or Lieutenant Generalls Vice Admirall or Vice Admiralls both
in South and North Carolina And Wee doe hereby further Impower you
upon all Occasions dureing your abode in America to con.stitute a Dep-
uty or Deputy Governours both in South and North Carolina dureing
you pleasure And to constitute and apjioint all and singuler Offices in
and for the Government of our said province province dureing your
pleasure And the pleasure of us the Lortls Proprietors Wee doe hereby
Impower you in case of your departure at any time from Carolina to
England to appoint and con.stitute a Deputy Governour or Deputy Gov-
ernours both in South and North Carolina with such powers as you sliall
thinke necessary Provided the same be agreeable to and doe not exceed
those by vs granted to your selfe Wee doe further give you full power
and authority with the advice and consent of any three or more of our

COLONIAL RECORDS.

Deputyes to Grant ami Sell Land in fee Reserving twelve pence for One
hundreil acres "^ an° as an acknowledgni* And to settle the Quitt Rents
by Patents or Indentures and by such a method as you our s*^ Go\'ernour
with any three or more of our Deputyes shall thinke fitt soe as when
money cannot be had a true value may be settled in the ]3est of such
Comniodityes as the Country is capable of produceing Wee doe further
Impower you to Escheat Land and afterwards to Lett it for Rent or Sell
the same And wee doe hereby Farther Impower you our said Governour
by and with the advice and consent of Our Coimcell and Generall As-
sembly of our Province or any part thereof wherein there is a Distinct
Government to alter any former Lawes that shall l)e thought fitt to be
changed And to enact all such reasonable Lawes and Statutes for the
better Government of our said province as you with the advice and con-
sent of Our Generall Assembly shall tiiinke expedient provided the said
Lawes be not contrary to tlie powers granted to vs in Our Charter from the
Crown and as neare as possibly agreeable to the Fundamentall Constitu-
tions excepting in what relates to Jiuyes wherein we have already given
Directions And we Doe hereby Repeale and make void all other Com-
missions Given by vs to Former Governours of our said Province Given
under our hands and The Great Scale of Our province this eighteenth
day of June 1702 4--i_i-(_)--f_n--n_|.+

J GRANVILLE Palatine CRAVEN t <^Reat seal +

i OF +

+ CAROIJNA +
+ -5-1- -f-H— H-f -t-j- +

J GRANVILLE for LORD CARTERET
JOHN COLLETON

A Duplicate of the same Commission und' the Great Scale was signed
also by the same partyes

Instructions for S' Nathaniell
Johnson Knight Oiu- Governoiu- of South
and Nortli Carolina
Wee Herewith send you a Commission to be Our Governour in Cheife
of South and North Carolina and to Record the same with those Instruc-
tions

In the Government of Our aifairs in our said province committed to
your care you are to follow such Rules as we have Given in Our Funda-
mentall Constitutions Temporary Lawes and Instructions to Our For-
mer Governours and entered upon Record in Our said Province And to
be guided by the same or soe many Articles thereof as sliall in your
Judgement seeme most fitt to be put in practice

556 COLONIAL RECORDS.

You are with the Assistance of the Grand Conncill To Inspect into
All our Constitutions and what of them you shall thinke most expedient
for the Better Establishment of Our Government for the Good and wel-
fare of Our people You arc to present to the Generall Assembly for their
concurrence and we Will and Ordaine That what shall be by you and
our Grand Councill and Assembly soe agreed on you cause to be trans-
mitted to vs that the same may be considered of and Ratyfied vnder the
hands & scales of vs the Palatine ourselfe and three or more of vs the
Lords proprietors ourselves before they are published and putt in Execu-
tion as Lawes in Carolina

Any Law past before it hath been Ratyfyed under the Hands and
Seales of us the palatine oui-selfe and three or more of vs the Lords pro-
prietors ourselves vnder our hands and seales and by Our Order pub-
lished in the Generall Assembly of the Landgraves and Cassiques and
Delegates for the Countyes shall cease to be a law whenever wee the pal-
atine and three or more of us the Lords proprietors signifye Our Discent
to it vnder Our hands and seales

You are to take all Immaginable Care to see the Acts of Trade and
Navigation duely to be observed

You are with our Trustees to use your endeavour for the selling of
land But to Reserve a Quitt Rent of Twelve pence a yeare for One hun-
dred acres And so proportionably Your price for the same neare the Set-
tlements not to be inuler Twenty pounds a thousand acres and at Two
hundred miles Distance or neare the mountains Ten pounds for a thou-
sand acres and not under and also to grant land at a penny an acre yearely
Quitt Rent And that all Future Grants containe a provision to make the
Land esclieate unless a Settlement be made within the space of four years
And that not above Five hundred acres to be Lett to any one person
without a warrant under our hands and seales But for the Lands in Albe-
marle County Y'^ou are to sell the at such Rates and prices as by Our In-
structions to our Late Governour John Archdale Esq"

You are to cancell all our Blank Deputations for Landgraves and
Cassiques

You are to take great care That the Indians be not abused and that all
means may be vsed to civilize them And that you endeavour you utmost
to create a Firm Friendship with them And to Bring them over to your
part for your better protection and defence against the Enemy the neigh-
bouring French and Spanyards against whom you are to protect our said
province And we assure you of our utmost assistance for your security

Having received Letters of Complaints from the Comissioners of
Trade and plantations with an Inclosed Opinion of Councell at Law

COLONIAL RECORDS. 557

agaiiifit an Aft past in Cai-olina the first of March 170^ for the Better
Regulating- tlie pro(^eeding of the Court of Admirahy in C'arolina and
the i'vo^ of tlie same as tending to the Incouragement of vnlawf'ull trade
Injurious to the oflRcers of the Admiralty there and differing from the
Manner of practice in the High Court of Admiralty here in England
The copy of which Bill transmitted us came not to our hands or wee
have not the same by vs Therefore wee direct you with Our Grand As-
sembly to inspect into the same and to make all the necessary and due
alterations therein And send us the same for our determination

You are to transmitt to us as soon as you can conveniently get it hand-
somely transci-ibed a full and exact account of our yearly rents what they
amount to in the whole and the particular men from whom due and what
from each man Also what has been received, by whom and how applyed
and what land to wh'ome and for what sold — Given under our hands and
seals this eighteenth day of June Anno Dni 1702.

J GRANVILLE. Palatine (l s)— CRAVEN (l s.)
J GRANVILLE for L* CARTERET (l s.)
J COLLETON

[B. P. R. O. B. T. Journals. Vol. 15. p. 109.]

Whitehall June 29*" 1702

At a Meeting of H. M. Com''^ for Trade & Plant'

Present
Lord Vise' Weymouth M"" Blathwayt
M' Cecil M-^ PoUexfen

Sir Ph. Meadows. M' Prior

Whitehall July 28'" 1702
M' Archibald Huteheson attending with M"" Johnson and acquainting
the Board that the said Johnson is in present possession of an estate at
Kceblesworth in the Bishoprick of Durham worth £200 per annum
which Sir Nath. Johnson his father (who was only Tenant for life) has
made over to him which he said was known to M' William Bridges and M''
Overton and therefore he thought the .said Johnson might be accepted as
one of the sureties for his said father Sir Nathaniel And M' Johnson
offering M' Thomas Carey a Carolina Merchant for the other They

558 COLONIAL RECORDS.

were acquainted that the security ought to be lodged in the Treasury and
that as soon as the form of the Bond was agreed they should have notice
of it.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Ve.stry holden the 80"' of June 1702 at the hou.se of Thomas
Gilliam

Present :
Col William Wilkinson M"" Edward Smithwick

Cap' Thomas Ijeuten M'' Nicholas Crisp

Cap' Thomas Blount M' Wm Banbury

Win Duchentield Esq. M' James Long.

Nath' Chevin.
In obedience to a late act of Assembly made in March last impowering
the Vestry of each precinct to provide a standard for weights & measures
and it being debated how the said weights and measures be procured —
agreed —

That the Church Wardens shall u.se their utmost endeavour by the
first convenience to send for weights and measure as the law directs.

And agree with some ]>erson for that purpose at as cheap a rate as pos-
sible and also one fair and large book of common Prayer, ami the Book
of Homilies.

Ordered that the Church ^^'ardens shall agree with and pay the collec-
tor or collectors for collecting the precinct Levies.
And then the meeting broke up.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry held at Thomas Gilliam's Oct. IS'" 1702.

Present
The Hon*'* Henderson Walker — President
Col Wm Wilkison Q Mr John Blount

Capt Thomas Lenten 2. Capt Thomas Blount

Mr Nicholas Cri.st. a, Mr Edward Smithwick

i Mr Wm Banbury.

COLONIAL RECORDS. 559

£

sh

d

25

0:

0

7

10:

0

12

10:

0

to. Mr

2

10:

0

1

10:

0

6

0:

0

1

10:

0

8

0:

0

0

1 :

0

6

8:

0

70

19:

0

Whereas at the \ii^t Vestry it was ordered that there shouhl be a stand-
ard of weiglits and measures sent for tlie use of the preeinct in obedienee
to the act of Assembly the eliarge \vhereof with the rest of the p'^cinct
charge being as followeth. Viz'.

To building the Chappel to Mr John Porter

To Richard Curton Reader

To the Standard for the precinct.

To clearing an acre of ground, and flooring the house to. Mr

Smith wick.
To Nathaniel Chevin acting as Clerk
To the Joiner for Windcnvs. Table forms. & Benches
To Thomas Gilliam for trouble of his house
To the poor of the precinct '
To John Tyler for Attendance
To Sallery for collecting at so p' C

The total amount.

The list of Tythables in the precinct being taken is found to be 283
and the sum

Ordered that the church Wardens collect from each Tythable person
in the precinct five shillings and Col Wm Wilkinson having undertaken
the collection, and the Vestry agreeing thereto

Ordered that Col -Wm Wilkinson do collect upon all and every the
Tythables within this precinct (a list whereof is delivered to him under
the hand of the clerk of the Vestry) five shillings p"^ pole and for non
payment thereof to make disti'ess according to Law, and likewise to pay
unto the several persons aforementioned the several sums due to them
and allotted by this vestry, and He together with the other Church War-
dens do provide and pay for the other things mentioned in the aforesaid
Order, and render an account of the same to this Vestry to be holden
the last tuesday in April next and finish all the collection.

Let it be remembered that Col William Wilkinson on his own behalf
and Mr Nicholas Crisp on behalf of the said Wilkinson do oblige them-
selves, their Heirs &c. to this Vestry in the penal sum of one hundred
pounds Sterling, to collect the aforesaid money, and render a perfect
account of the said collection and payment at the Vestry the last tuesday
in April next at the house of Mr Thomas Gilliam.

Ordered, that a warrant be directed for the summoning of the several
collectors hereafter named to appear at the next meeting of the Vestry at

560 COLONIAL RECORDS.

the House of Mr Thomas Gilliam the 15"* of December next to give au
account of their severall collections the two last years and acx-ordingly
the whole Vestry does pray the Hono*"'' the President to direct his war-
rant unto William Bush, Francis Perrot. Cap' Thomas Blount. Nocholas
Symmons, and for the present year last past. Francis Wells, William
Early, William Jones, and John Walker.

Ordered — that the Vestry meet tomorrow morning to view the Chap-
pel.

October ye: l^"" 1702.

The vestry being met and having viewed the Chappel, the major part
of the Vestry do declare their dislike of the ceiling of the Chappel by
reason of the Boards being defaced.

Ordered that Mr Edward Smithwick and Mr Nicholas Crisp on behalf
of the Vestry do choose one indifferent man that is skilled in building,
and Mr John Porter shall choose another, who shall meet at the Chappel
the second Saturday in November to give their judgment whether the
boards be fit for ceiling such a house and if these two persons chosen as
aforesaid cannot agree in their opinions, then they shall choose an umpire,
and what opinion he the said umpire shall give shall be a full and final
determination of the matter about the ceiling and boards, and the agree-
ment between the Chux'ch wardens and jSIr John Porter shall be thence.

[From the Vkstry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry holden at the Hou.se of Mrs Sarah Gillam ye 15"* Day

of December 1702.

Present

Coll. W™ Wilkinson 1 , i ^^^ i ^ Cant. Thomas Blount

r^ t T'l > T i- church Wardens at A\^-ir td i

Lap"^ 1 lio' Lenten ( | Mr \\ ilham Banl)urv

Mr W" Duckenfield ;■ Mr Nath' Chevin

Mr Edward Smithwick Mr James Long.

Mr Nicholas Cri.sp J

The Several Collectors being summoned to render an account of their
Several Collections which being duly examined there is found to be due
to the Church Wardens for the use of the Use of the precinct these fol-
lowing Sums of money

COLONIAL RECORDS. 561

£

s

d

1.

13.

2

0.

6.

0

2.

12.

0

1.

18.

6

In the Hands of Coll. Thomas Pollock
In Christopher Butler's Hands
In William Earley's Hands
In John Walker's Hands

£6. 9. 8

Co" William Wilkinson and Cap' Thomas Lcuten having Served one
Year in the Station of Church Wardens, and the Choice of new Church
Wardens being debated :

Mr William Duckenfield and Mr Edward Smithwick are appointed
Church Wardens for the ensuing year.

There being foimd the above said Sums of money due to the precinct,
and also the Reader being gone whereby the publick Charge of the pre-
cinct is lessened and abated.

Therefore ordered that the Collector collect from every Tythable per-
son in the precinct four shillings per pcjle.

The Chappel being this Day viewed by all the Vestry here present
and are'Satisfied therewith and do receive the House and Keys from M"^
John Porter he promising to provide So much Lime as will Wash the
Ceiling of the Chappel, and the Vestry to be at the Charge of a Work-
man to do the Same.

[Records of Perquimans Precinct Court.]

At a Court Houlden at y'^ House that Cap* Anthonj Da\vson Lived
At, for y^ p'cinct of Piquimons the Secont Tuesday in Jan being y* 13
day Anno 17^"^

P-^sent Cap' Ralph ffletcher

M" ifrancis ffoster Cap' Jeames C'oles

John Stepney Aturney to John Slocom of Pamleco Acknowledg an
Assignement of a Patent to Thomas Noi'com Allso I doe oblige my Selfe
to give to Thomas Norcom a bond that shal oblidg Jean Slocom y^ Wife
of John Slocom to acknowledg y° s* Land When Shee corns of Age
James ffisher vars Abraham Hobs

In a Plea of the Case y° sd Hobs Reternd Nonestusventus ordered
that attachment goe against His Estate

67

562 COLONIAL RECORDS.

John Anderson Aturney to William Smith of Roade Hand vars Bey-
ant FFITCHPATEICK

In a plea of debt y' sd Bryant not apearen ordered tliat y^ Shrife bring
y* sd Bryant ffitchpatr. to y* next Court
Mager Samuel Swann vars Abraham Hobs

In a plea of debt y" sd Hobs Retornd nonestusventus ordered tliat at-
tachment goe against His Estate
John ffalconer Aturney to Cor^' Robart vars Tho : Houghton

In a plea of y® Case y" sd Houghton Retorned Nonestusventus ordered
that atachment goe Against His Estate

John Porter Asigne of Lettenan Co" Anthony Lanfo of Princese Ann
County Virgenia for y° use of Cap' Robart Gibbs of London declares
Agains Jeames Coles And Mary His Wife Excecetor of Jacob Peterson
decesed In a plea of debt y* sd Porter Not Apearen order that he be
Nonsuted and Pay Cost
Thomas Norconi Aturney to John ffalconer vars Abraham Hobs

defendant

In a plea of debt y^ sd Hobs Retornd Nonestventus ordered that
atachment goe Against His Estate

ordered y' Thomas Bosel be overseer of y^ High Waves from Hartles
pinte to y* yousall Place

ordered y' Jeames Oats be overseer of y' High AVayes from Lakers
Crick to Jeames Coles pranch.

ordered y' Denes Mackclanden be overseer of y' High Wayes from
Suttens Crick to deepe Crick

RALPH FFLETCHER
FFRANCIS FFOSTER
JAMES COLES
SAM" SWANN JUN^

April 1702
At a Court Holden at y" Hous of Cap' James Coles y* Second Tuesday
In April 1702 for the p''cinct of Piquimons

p'sent
Cap' Ralph ffletcher M'' flFrancis ffoster

Cap' James Coles M' Samuell Swann

M' AVilliam Bartlet
M' Robart ifendall Acknowledged A deed of Sale for Land on y*
Sound Side to Mager Samuell Swann Esquier

COLONIAL RECORDS. 563

Capt' James Coles And Mary His Wife Acknowledged A deed of
Sale for Land on y° North Est Side of Piqnimons to Hester Perssone
for y° yons of Hir two Sons Lewes Alexsander Knite And Emanewell
Knite.

Elisabetli Holmes Exoeoetrix of Edward Holmes Proved His Will
hy y' Oatlies of Peter Gray Sener And Thomas Holmes

Mary Albertson Proved Hir Husbands Will by y° oathes of John
ffalconer And Joseph Suton And Nathaniel Nicholson.

Mary tfox Acknowledged An Asignment of A Pattent to Daniel Onele

Daniel Onell Acknowledged A ded of Sale Asigned to William Boge

ordered that William More overseer of y* Highway from J P to ye
hridg at y^ Head of y" River

Ujion A Peticon of Peter Albertson Shewen that John Lilly was In-
debted Ann Jones tliat is Now his Wife ordered that James Oats pay to
y* Peticoner Peter Albertson tenn Shillings and Six pence With Cost

Upon a Peticon of Hester Passoon Shewen that Hir Husband Is dead
Haven Maide No Will ordered that Hester Passoon Have Adminestra-
tion of y* goods And Chattels of Lewes Knite Shee being y* Next of
Kin Shee Haven given bond And Security for y" Same

Upon a Peticon of William Boge Shewen that John Lilly was In His
Life time Indebted to y" Peticoner fower Shillings And two pence or-
dered that James Oats Adminestrator of y^ Sd Lilly Estate pay to Wil-
liam Boge fower Shillings And two pence With Cost

Mr Samuell Swann Jnner Acknowledg An Asignement of a ded of
Sale for Land to Mager Samuell Swann Sener

Thomas Harvey Acknowledge An Assignment of A deed of Sale for
Land to Mary Cofen
Richard Skiner vars Janes ffugeet

In a plea of debt for Want of Evedenses y* Sd ft'ugett Crafes A ref-
erance ordered that it be referd to y° Next Cor'

ordered that Peter Jones be Over Seer of y*' Road from y^ Chowan
Bridge to Cap' Coles

Ujjon A peticon of Sarah Harris that Shee may Chuse Hir unkel
Nathaniel Albertson for Hir Garden ordered that Nathanell Albertson
take into his posestion y" Estate of y" Sd Sarah Harris And take An
Inventory of y° Estat And Bring to y* next Olfens Court And thar Give
bond for Hir Estate

LTpon A Peticon of Richard Whedby that He Might Chuse M''lfrancis
Ifoster His Garden ordered y' M' ffrancis fibster take into His Custodie
y^ Estate of y* Sd Richard Whedby And An Inventory to take of y"

564 COLONIAL RECORDS.

8d Estate And bring ti) y'' Next C(jurt lielil for Orfens And give bond

for y* Estate.

Upon A peticon of Georg Sutten and Nathanell Sutten to Chuse thare

Garden ordered that Nathanell Nicholson take Care of George Sutten he

Haven Chosen Him for his garden And that Joseph Sutten Juner take

Nathanell Sutten Into his Care He Haven Chosen him for his garden.
Upon A Peticon of Debro Whedby that She may Chuse Hir Garden

And Shee Chusen of Joseph Sutten Sener

Ordered that y" Sd Sutten take y' Sd Debro Into His Care And Hir

Estate Also And An Invetory of Hir Estat to take And bring It to y°

Next orfens Cort And give lK)nd for y" Estate

RALPH FFLETCHER
FRANCIS FOSTER
JAMES COLES
SAM" SWANN JUN"-
WILLIAM BARCLIFT

* July 1702

At a Court Holden At tlie House of Cap' Jaipes Coles the Seconttues-
day in July 1702 for the pVinct of Piquimons

p'sent Cap' Ralph ffletcher Judg
M' ifrancis flPoster
M" William Bartlet
John Jones vars Daniell Oneles

Y° Sd Onele being Arested Maide His Escape from y' Shrife y° Plain-
tef Craves An Attachment Against y* Estate of y' Sd Onel ordered that
y* Plaintef Have An Atachment As Afore Saide.
Joseph Sutten sener vars Denis Macklenden and Debro His
Wife

In a plea of y" Case for the Estate of Debro Whedby given by A ded
egift given by Hir ifather John Whedby y* Saide Mackclenden is ordered
to deliver y° Sd Estate in Kinde as It was given Ales Excecution.

RALPH FFLETCHER
FRANCIS FOSTER
WILLIAM BARCLIF

At A Court Houlden At the House of Cap' James CJoles the Secont
Tuesday In Octoljer 1702 for the pVinct of Piquimons
p^'sent Cap' Ralph ffletcher Judg
M' Ifrancis tfoster
Cap' James Coles
M' William Bartlett

DOLONIAL RECORDS. 665

Upon A Peticou of Mi.stris Mary Swann Sheweii that Hir Husband
Is (led Haven Mad No Will It is ordered that y" Sd Mary Swann Have
y' Adni'' of y* Gt)ods And Chattels of y° Sd Estate Shee Haven given
bond And Seeurity for the Same Mager Samuel Swann Securi

John Jones by His Atturney Thomas Snoden Craves A Reference till
y" Next Court upon an Atachment against y" Estate of Daniel One!

Mary ffisher Proved A Will of James ftisher by William Ijong And
Peter Jones
ThoiMAs Stevens vars Julyana Lakar

In A Plea of y'^ Case And y° Sd Stevens And Julyana Lakar by their
Atiu-neyes Thomas Norcom And Thomas Snoden Joynes Isshu y* Court
Referd It to y* Jury on thare Oathes Say they find for the Plaintef
twelfe Pence With Cost of Sute

Ordered that Julyana Lakar Pay to Thomas Stevens twelfe Pence
With Cost of Sute Eles Ex.

Albert Albertson vars Peter Albertson And Nathanel Albertson Exe-
ceter of Albert Albertson desesed in a plea of y° Case And they Con-
fesed Judgment for tenn pounds Starling ordered that Peter Albertson
And Nathanel Albertson pay to Albert Albertson tenn pound Starling
With Cost Ales Exce°

RALPH FFLETCHER
FRANCIS FOSTER
WILLIAM BARCLIFT

JAMES COLES.

Nov 1702

At a Court Houlden At the House of Cap* James Coles the Secont
tusday In November 1702 for y* p'cinct of Piquimons p''sent Cap' Ralph
ffletcher

M'' ffrancis ifoster Cap' James Coles
M' William Bartlet

Upon A Peticon of M' Tho : Snoden Aturney to M' William Glover
Shewen that Alexsander Jnrden Is ded Haven Maide No Will ordered
that y^ Sd M"' William Glover Have y" Adm' of the goods And Chattells
of the Stl Estate He being y* Greatest Credetor He Haven given bond
for y" Same ordered that y^ Sd Estate be Apraised John Arnold Tho :
Holloway Thomas Bartlet Apraisers of the Sd Estate.

Timothy Clare Proved too Rites for too "^sons transported into this
County Whose Names Are under Wretten John Dixson Elisabeth Jack-
son.

566 COLONIAL RECORDS.

Thomas Winslo Proved on Write for His ffreedom An Asignd It to
Timetliy Clar.

Martha Plato Binds Hir danghter Hester Plato to Cap' James Coles
And Mary His Wife till Shee comes of Age or Married Shee Being now
Sixe yeares of Age And At the Expiration of Hir time to Alow to y°
Garle According to the Custom of y^ Cuntry

M' ifrancis tfoster haven thrown up His Gardener Ship of Richard
Whedby ordered that the Sd ffrancis ifoster be Steward of the Sd Rich-
ard Whedby And His Estate.

John Jones Haven obtained An Attaclunent against y^ Estate of Dan-
iel Onele In y° Hands of William More And William Bogg And thay
finden on pound five Shilling And tenn pens to be due ordered that Wil-
liam More And William Bogg pay to the Sd Jones on pound five Shil-
lings And tenn pence Ales Exce"

LTpon A Peticon of tfrancis Tomes Juner Shewen that He Has At-
tended y^ Court on Day upon y^ Account of John Jones order that John
Jones pay to tfrancis Tomes too Shillings & Six pence With Cost

RALPH FFLETCHER
FRANCIS FOSTER
JAMES COLES
WILLIAM BARCLIFT.

[Records of General Court.]

Att a Gen" Court Holden at y^ House of Cap Jn° Hecklefield in Lit-
tle River October 27'" 1702

Being p^sent The Hon*" Samuel Swann Esq The Hon"' William Glo-
ver Esq Jn° Hawkins Esq

The Courts Comission is published & by Vertue of a Dedimus ftrom
y' Hon*" President to ye Hon*" Maj" Samuel Swann & the Hon*" W"
Glover Esq"" do solemnly take y* oaths by law appoynted before y* Hon"
Samuel Swann Esq'' And also the Hon*" Samuell Swann Esq Do Take
y* aforesd oaths before W" Glover Esq'' And M"" Jn° Hawkins being not
ifree Do Subscribe to the aforesd Oaths

Adjourned till to Morro Morning 9 a Clock

Wednesday morning Oct 28 1702
Court meets p'sent — Ut Sujjra

Daniel Phillips provs a Ijctf of Attor from Samuel Dalvs by y* oaths
of M' Jn° Jenins & Bartholo Hewitt

COLONIAL RECORDS. 567

The Marshall was Conuinded to arrest the body of Cap' Coles

att y* sute of Sam' Paine Refferd from Last Court and y'' plaintiif

Came not to prosecute

Ordered that y° Action be Disuiist & y" plaintiif pay cost

Rich Ashworth Came to prosecute his sute against J — in a plea of y°
Case and Complaines for one Canoo Lent to y'^ Def ' by y* plaintiif which
was return spoyld & stavd and the Def by M' Tho° Snowden his Attor-
ney for the plea saith that the Canoo they did borrow But for Spoyling

& staveing y" same have not & thereupon Casts himself upon

y' Country & y* plaintiff likewise And the Marshall is Comanded to

Cause to Come twelve Lawi'ull men of the vicinage & By whome

&c and there came Jn° Bird Walter Tanner Harris Richard Neat

Rich Madren Geo Kinserly James Mathew Winn Aughtlin Scar-

boro : Jer Symonds : Chris M Bartholomew Hewitt Who Impaneld

& Sworne say We find for y^ plaintif thii'ty Shills for y" Canoo & Dam-
age with Costs

Ordered thatt Jn" Palmer pay to Rich Ashworth y° sume of thirty
Shills for his Canoo & Damage with Costs of Sute alias Execiin.

W" Duckenfield Escj"' Came to prosecute his sute agst Thomas E^'"'
Plea of y" Case for and y" Defend' Came not

Ord that y" Marshall have y° body of Tho Evins att y'' next Gen"
Court alias Judgm' against y° Marshall

The Marshall was C'omanded to arrest y* body of W at y*

Sute of W" ffrayly in a Plea of y^ Case and

y* plaintiff Came not to prosecute

Orderd that y* Action be Dismist and y* jiP pay Costs alias Executn

The Court Adjourned for two Hours

12 a Clock C'ourt meets P'sent ut Supra

Daniel Rice came to prosecute his Sute against Augustine Scarborrow
in a Plea of y^ Case and y" Defend' By M'' Tho^ Snoden his Attorney for
plea saith that y^ Plaintiff his Action ought not to have for & that the
Action is unduly Entered they Receiveing y^ Cop Declaration Som Days
before the Arrest which ajjpearing

Orderd that the Action be dismist & y^ plaintiff pay Cost alls

Upon y^ Petition of Ruth Clark

Ordered that Richard Ashworth pay to y° Petition'' Eight Shills and
4* with Costs alias Execun.

Upon y* Petition of W° Waymouth

Orderd that Richd Ashworth pay to y^ Peticon' Eight Shills and foure
pence with Costs for his travell & Attendance

Upon y* Petition of W" Waymouth

COLONIAL RECORDS.

Orderd that John Pahner pay to y' peticon' the sum of Eight Shill^
& four pence for hi.s travell & attendance with Costs of Sute alias
Execution

Adjourned till 3 a Clock afternoon

3 a Clock Court meets p'sent ut Supra

Nathan' Hall & Hannah his wife Acknowledges conveyance to Geo
Jordan

Ju" Willowby Acknowledges Conveyance of a tract of Land & plan-
tation to Jn" Anderson

W" Hutchison Provd Rights to 700 Acres of Land by y° Importa-
tion Viz Moses Whitaker twice Imported tfrans twice Imported

W" Thomas twice Imported Jn° ■ Tho Cowlisle Jn° Gray Jn° Oliver

W" Hutchison times Imported: And Assigned to Nathan' Chevin

Simon Knight provd his Right to 100 acres of Land by Importation
of Himself & Eliz Knight

M' Jos Reading Provd his*Rights to 270 Acres of Land by Importa-
tion of Edw Dickason

1703.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

April y^ 4"" 1703.
At a Vestry holden at the House of Mrs. Sarah Gillam —
Present The bono'''' Henderson Walker Esq'

Mr. William Duckenfield 1 ^„ , ,,. ,
i\r T- 1 d li •*-!, • 1 t Churcli \\ aniens

Mr. Edw" Smithwick j

Co" W" Wilkinson

Capt. Thomas Leuten

Capt. Thomas Blount

Mr. Nicholas Crisp

Mr. \^'" Banbury

Nath' Chevin
The Church Wardens &c. having agreed with Co" W"" Wilkinson for
the Sending for a Standard of weights and Measures for the precinct and
he having received the same from Boston comes and produces an account

COLONIAL RECORDS. 569

of the Same from under the Hand of Mr. William Welstead Merch' of
Boston as followeth viz'

£ sh" d

5| C" one Of O one 14'" at 20'" f O— 2 : 17 : 6

One Brass Yard 25 sh" One Iron Do at 2 sh'"— 1 : 7:0

Three Brass Weights Viz' 4 C 2 &c.— 0 : 14 : 0

One pair Brass Scales — 0: 16 : 0

One Wine Gallon pewter pot — 0: 18: 0

One pottle and one Quart Do. — 0: 15: 0

One h Bnshel and one peck — 0 : 5:0

Paid the Town Sealer for Sealing the Weights &c— 0 : 3:8

Paid Porterage to the Vessel— 0 : 1:0

First Cost— £7 : 17: 2

Ordered that Co" William Wilkinson deliver to Mr Edward Smith-
wick the aforesaid Weights and Measures who is impowered to keep the
Same by act of Assembly &c and that Mr. Edward Smithwick give a
Receit for the Same.

Whereas Robert Wilson who was kept by William Brethell for the
Space of 2 or 3 months upon the Precinct Charge, and is dead and Co"
Wilkinson declaring that he has paid unto the Said Brethell for the care
and keeping of the Said Willson the Sum of eight pounds, which was
the full Consideration for one whole year.

Ordered that William Brethell shall reimburse Co" William Wilkin-
son the aforesaid Eight pounds except So much as he shall make appear
to have disburst for his Buriail and the time he kept Him —

It being debated for a Reader to be agreed with to read divine Service

It is agreed that the Church Wardens shall make Choice of a Reader
who shall remain until the next Vestry and if approved of by the Ves-
try shall remain and if not shall be paid for his time and discharged.

Information being made by Cap' Thomas Blount that Elinor Adams
by of Infirmity and Indigence is in great Danger of being lost for want
of Assistance.

The Same being taken into Consideration —

Ordered that Captt. Thomas Blount treat with Doc' Godfrey Spruill
in order to her Cure and that Doctor Godfrey Spruil be paid for his
physick and Care by the Church Wardens five pounds, and Capt. Thomas
Bfount is requested by Vestry to endeavour to oblige the Said Elenor to
Serve the Doctor for the use of his House and nursing.

570 COLONIAL RECORDS.

There being three Church Bibles intended for this Country one whereof
belongs to this precinct and the Same being Sent for to Williamsburgh
by William Jones.

Ordered that the Church Wardens pay one third of the Charge for
fetching in the Said Bibles.

There being want of Some Letters for the Stamping the Weights and
Measures for the Standard, and Capt. Thomas Blount undertakes to make
a Small Letter C for Stamping the Styllyards and potts and Weights &c
and Larger C for the half Bushell and peck.

[B. P. R. O. B. T. Virginia. Vol. 56.— Exteacts.]

MINUTES OF THE COUNCIL OF VIRGINIA

At a Council held at the City of Williamsburgh 24 April 1708

Present
His Excellency
Wm. Byrd, Aud"^ Robt Carter

Edm. Jening, Sec'^ James Blair

John Lightfoot Philip Ludwell

Matthew Page Wm. Bassett.

Henry Duke

Esq"

Upon reading a letter from Henderson Walker Esq. President
of the Province of North Carolina complaining that the Maherine In-
dians do daily commit great injuries to the inhabitants of that Province
by destroying their stocks and burning their timber and houses refusing
to pay tribute or render obedience to the Government upon pretence that
they are tributary to this Her Maj. Colony and Dominion also their liv-
ing is amongst the inhabitants of the Province of North Carolina. It
is the opinion of the Hon'''' Council that it doth not appear that the Ma-
herine Indians live within the bounds of the Province of Carolina but
that the said Indians have always been reputed Tributary and have ac-
cordingly paid tribute to this Government as living under the same And
therefore the Province of North Carolina hath no pretence of demanding
tribute of them Iwt if any injuries or outrages have been or shall be
committed by the said Indians to the inhabitants of North Carolina upon
due proof thereof made His Excellency & the Hon*"'' Council will take
suitable measures for punishing the said Indians and giving all reasona-
ble satisfaction to the inhabitants of the said Province of North Carolina
therein.

COLONIAL RECORDS. 571

[From Vestry Book St. Paul's Parish, Chowan Preoinct.J

At a Vestry Jioklen at the Chappell ye 6"^ Day of October 1703.
Present

The Hoiio'"'^ Henderson Walker Escf

Mr. W™ Duokenfield | .,, , „. ,

Mr. i:dward Smithwiok j ^'^"'"'■'^ ^^ ^^'^^^"^

Co" W- Wilkinson

Capt. Tho' Blount

Cap* Thomas Lenten

Mr. John Blount

Mr. Nicholas Crisp

Mr. W" Banbury

Nath' Chevin

In pursuance of a former Order

Ordered that the Church Wardens shall immediately account with
William Brethell for eight pounds paid him by Co" W^"' Wilkinson and
if he shall refuse to deliver and pay the Same, that they Commence an.
Action ag' Him for the Recovery thereof

Ordered that the Church Wardens shall with all possible Speed have
the Windows of the Chappell finished— and that Glass may be Sent for
or purchased here if possible.

[From N. C. Letter Book of S. P. G. 21st Oct. 170.3.]

HENDERSON W^ALKER TO THE BISHOP OF LONDON.

North Carolina, 21d October, 1703.
May it please your Lordship : —

The great and pious designs of your lordship toward these American
parts, for the propagation of the Christian Church, of which you are so
pious and good a pillar, emboldens me to lay before your lordship the
present state of North Carolina, as to their Christian well-being; and I
was the more encouragetl to do it by reason that our lords proprietors
were pleased to write to us concerning Mr. Bray, your lordship's com-
missary, coming to visit us.

My lord, we have been settled near this fifty years in this place, and I
may justly say most part of twenty-one years, on my own knowledge,

COLONIAL RECORDS.

without priest or altar, and before that time, according to all tliat appears
to me, much worse. George Fox, some years ago, came into these parts,
and, by strange infatuations, did infuse the Quakers' principles into some
small number of the people ; which did and hath continued to grow ever
since very numerous, by reason of their yearly sending in men to en-
courage and exhort them to their wicked principles ; and here was none
to dispute nor to oppose them in carrying on their pernicious principles
for many years, till God, of his infinite goodness, was pleased to inspire
the Rev. Dr. Bray, some time about four years ago, to send in some books
of his own particular pious gift, of the explanation of the Church cate-
chism, with some other small books, to be disposed of and lent as we
thought fit, did, in some measure, put a stop to their growth ; and about
a year after, did send to us a library of books for the benefit of this place,
given by the honorable the Corporation for the Establishing the Christian
Religion, by one Mr. Daniel Brett, a minister appointed for this place.
He for about half a year behaved himself in a modest manner, but after
that, in a most horrid manner, broke out in such an extravagant course
that I am ashamed to express his carriage, it being in so high a nature.
It hath been a great trouble and grief to us who have a great veneration
for the Churcli, that the first minister who was sent to us should prove
so ill as to -give the dissenters so much occasion to charge us with him.
My lord, I huml>ly beg you to believe that we do not think that the Rev.
Dr. Bray knew anytliiug of the life and conversation of the man. We
did, about this time two years, with a great deal of care and management,
get an Assembly, and we passed an act for building of churches and es-
tablishing a maintenance for a minister amongst us; and in pursuance
thereto we have built one church, and there are two more a going forward ;
and his excellency, Francis Nicholson, Esq., governor of Virginia, was
pleased, of his pious goodness, to give us £10 to each church, and we
sent copies of that act of Assembly to our lords proprietors to get the
same ratified, and likewise a copy to Dr. Bray, to enti'eat his favor with
them to obtain a ratification, which we are in hopes to obtain this ship-
ping ; but they not being come, we are in a great loss. My lord, I hum-
bly beg leave to inform you, that we have an Assembly to sit the 3d No-
vember next, and there is above (^ne half of the burgesses that are chosen
are Quakers, and have declared their designs of making void the act for
establishing the Church; if your lordship, out of your good and pious
care for us, doth not put a stop to their growth, we shall the most part,
especially the children born here, become heathens. I humbly entreat
your lordship to send some worthy, good man amongst us to regain the

COLONIAL RECORDS. 573

fiock, iuid .so pertk-t us in onv duty to God, and establish us by his doc-
trine, life, and conversation in the fundamentals of t)ur Christian profes-
sion, that we in our time, and those as come hereafter, may bless God that
he has raised up so noble a pillar as your lordship to regain those who
are going astray, and put a stop to the pernicious, growing principles of
the Quakers.

Your lordship may see the copy of our act by Dr. Bray, and I humbly
beg your lordship's ])ardon for giving you this trouble, and take leave to
subscril)i' myself, my lord,

Your most Iiumble and obedient servant,

HENDERSON WALKER.

[Records of Perquimans Precinct Court.]

Jan 1703
At a Court Houlden At the House of Cap' James Coles The Secont
tue.sday In Janewar for the p'cinct of Piquimons

P'",sent
Cap' Ralph ffletcher Judg
M' ftrancis fibster James Coles

M' William Bartclift
M' Robart ftendall Atorney to Patrick Kenedy Acknowledged An
Assignment of a Pattent to M' Thomas Snoden Aturney to John fl'al-
coner Aturney to James fi'ugeett.

M'' Peter Godfrey Proved An Account Against Peter Gray (or too
Pound fower Shilling And fower Pence Halfe Peney

Att a Courte held att the house of Cap' James Cole the Second Tues-
day of January 170f being for the p'cint of Pequimons
P'sent Cap' Ralph filetcher Judge
M' Ifrancis fforstcr Cap" James Cole
and M' W" Bartlett
and Cap" Jn° Stepney
P' Godfrey produces a Comiss to be clerk of the .s** p''cinct Court and
is admitted

Richard Woollard acknowledges a p' of Land to Thomas Hares his
heirs and assigns forever.

fi"rancis Beasley acknowledges a p' of Ijand to Thorn' Grey Ordered
that ff'rancis Beasley be made Surveyour of the High Ways — and Im-
powered thereunto

574 COLONIAT. RECORDS.

Cap" Jn° Stepney is Sworne Commiss'' for the peace.

Mg' Saimiell Swami i)ro\^es liimself the Lawful! Attorney of M' Jn°
Taylors by y" Subseripeon of Ifrancis Toms Ju'
Ralph ffletcher
ifrancis ffoster
James Coles
John Stepney
William Barclift

A Record of F' Godfreys Commi' to be Gierke of the p'einct Court of
Pequiniins proved y' 12"" of Jan^ last

Forasmuch as Cap' John Stepney late Clerke of the Court of Pequi-
rains p^'cinct is added to y^ Com''" of the peace for the Same p'^cinct there-
fore out of the certaine knowledge I have of the ability & Integrity of
P' Godfrey Gen' I do hereby appoint authorize and Impower him y° s*
P"" Godfrey Gent to l)e clerke of the afores** P''cinct Court and I do by
these p'sents authorize and Impower the s"* P'' Godfrey to aske demand
take & receive all legall & Just tt'ecs profitts and Emolum" w'soever to
the s"* place or office belonging or any wise Aperteyniug and allso to take
into his Custody possession and Care all and Singular the records papers
and writings belonging unto the s"* p^-inct Court hereby revoking and
making void any former Commi'' for the s** office this Comi"' to continue
in force dureing my pleasure In testimony whereof I have hereunto putt
my hand and Scale this 6"" day of January 1 70f

Sam" Swanne Secretary [Scale]

A true Coppy of the Commi*' for the Peace.
NoETH Carolina ss:

Jn° Earle of Bath Palatine and the rest of the true and absolute Lords
proprietors of all Carolina Greeting

To our trusty and well beloved Cap" Ralph ffletcher Jn" Barrow ifran-
cis ifoster Cap" James Cole Cap" Jn° Stepney and W" Bartlett Gent,
being well assured of your Loyalty prudence & Integrity do hereby
assigne and appoint yon Justices of the Peace for the p'cinct of Pequi-
mins in the County of Albemarle Joyntly and Severally to keepe or
Cause to be kept her Ma"''^ peace w"'in the said P'cinct as allso to
keepe or Cause to be kept all la\\'s and Statutes made for the good gov-
ernm' of this Coiuitry and you or any three of you whereof one of you
Ralph ffletcher, Jn" Barrow, ftVancis ffoster shall be one shall hold and
keepe a CV)urt for your said p'cinct Seaven times every yeare viz the 2**
Tuesday in the monthes of October, November, December January ifeb-
ruarv March and Ausjust there to trv bv a Jurv of twelve true & Law-

COLONIvVL RECORDS. 675

lull men all Pottv larconies all unlawf'ull riotts and routes that shall
comniittcd w""!!! youi" pVinet and Judgeni' thcron to give to such paines
and Penalties as by law is provided and allso do hcare and determine all
■^sonall actions not exceeding the Surame of fifty pounds that shall bye
Lawfull proeesse be brought before you and allso once every yeare viz
the 2'* Tuesday in the month of August you shall hold a Court for the
tryall of all Causes perteyning to Orphans and their Estates w*"" full
power to award proeesse heare and determine all and every matter cause
and things for the disposall & reliefe of orphans and Secureing their Estate
w^in your p^'cinct that shall be by Informacon plaint or any other ways
or meanes be brought before you and a record thereof you shall cause to be
kept of all y' orphans in your p''cinct their Guardians the valine of their
Estates and what Security is given for the same w"*" you shall cause to be
altered & renewed as often as you shall find necessary.

This Coiiiiss to continue during our pleasure. Given under our hands
and Scales of our Collony the 80*'' of July 1702 in the first yeare of her
Ma'''^ reigne

Wittness our trusty and well beloved Hend'son Walker Esq'' p'^sid' of
our Councell & Comand'' in Chiefe of our said province and y° rest of
our trusty and well beloved Counsellonrs of State who have hereunto
Sett their hands

r HENDERSON WALKER
This Commiss was truelv and faith- ) SAM" SWANNE

fullv recorded Jan> the' 16"' 170| I FFRANCIS TOMS

[W^ GLOVER

February 1703
Att a Court held at the house of Cap" James Cole the 2'' Tuesday in
February for the p''cinct of Pequimins being y" 9"' day
Present Capt Ralph Fletcher'^

M^ ffrancis ff.>ster ^ j^^^^.^^^ ^^ ^j^^ p^^^^

Cap James Cole ^

Cap" Jn° Stepney j
Hannah Snellen widd & relict of Izraell Snellen dec* proves & ac-
knowledges one Deed of gift to her Chelldren desiring y° Same to be re-
corded ordered that it be recorded

Coll W"" Wilkinson comes by his Attorney Thom' Snoden to prose-
cute his Suite ag' Thom^ Stevens who being returned non est Inventus,
the plant, produces his bill and prays an attachm' and is refused — but
praving an order ag' y" Marshall tis granted.

ordered that the Marshall bring y* body of the sd Thorn' Stevens to
y' next Courte als Judgem' to be confirmed ag* the Marshall

576 COLONIAL RECORDS.

James Oats comes to prosecute his Suite ag' Jn" Morgan the s** Jn"
Morgan appearing, Confesses Jiidgem'

Ordered that Jn° Morgan jiay unto James Oates nine & thirty shill
w'*" Cost of Suite als excecution.

Coll W™ Wilkinson by his Attorney M"^ Thoni^ Snoden comes to prose-
cute his Suite against David aires in an action of D' and agrees

M' Jn" Hacklefield comes by his Attorney M"' Thom^ Snoden to prose-
cute his Suite ag* Jn° Willis. The S'' Jn° Willis being returned non est
Inventus

Wm Ju"Son comes to prosecute his Suite ag' M" Jn" tfaulkner The S**
Jn° tfaulkner not appeareing the Plan' prays an ord'^ ag' the Marshall

Ordered that the Marshall bring the body of the said Jn" ifalkner to
y° next Court als Judgem' to be Conlirm'd

Sam" Charles as Constable Informes ag' one Jeane Rich''' a late Serv'
to M'' Jn° Hacklefield that the said Jeane is lately delivered of a bastard
child \v"'in this pVinct and being thereby guilty of the breach of the
penall Laws ordered that the S'' Jeane be Summon's at y" next Courte
held for the p''cinct of Pequiniins to answer to such things may be
aleadged ag' her

Ordered that Thomas Harvey be overseer of the High ways for the
year Insuing from Suttous Creeke to Deep Creeke and Impowered
thereunto

Upon a Petition of Mary Coffeii Widd

The S** Mary proves three rights being tor the transportation of tfran-
cis and Mai^- Coifen and Jn" Thursten and Assignes them to her Sonne
in Law Rich* Rose.

Upon a petition of INIary ffisher widd & relict ui' James ffisher lately
deed she request & prays ord'' of Administration on the Estate of the S*
James ffisher tfer that the said Mary haveing Sometime Since proved a
will of the S* James ffisher w"*" Said will being found Insufficient and
noe Execuf named the W'ill is hereby made void and it is hereby ordered
that the Said Mary may administer on the S* Estate and have a power
of Administration granted for that purpose.

Ordered that Cap" Jn" Stepney, James Ward and Stephen Swain &
Xpher Butler do appraise the Estate of the said James ffisher and bring and
produce a true Inventory the Courte of tiie Same ag' August Courte next
The S* Mary ffisher giveing bond & good Security in that Case as the
Law directs.

Sarah Harris on a Petition requests that her Grand Mother Mary All-
bertson may be her guardian, Natt Allbertson & hereby relinquishing
his power of Guardianshipp.

COLONIAL RECORDS. 577

And the said Mary Allbertsoii accepts of the C'hoice and i,s hereby
Confirmed guardian over the Said Sarah Harris and making Oath to an
Inventory of tlie S"* Entate of the S'^ Sarah Harris ordered the Same to
l)e recorded.

Ricli'' Rose Proves one Right to 50 acres of Land by trans2)ortation
of himselfe

Mary ffisher gives bond as Adm' of her kite husljand James ffisher to
save the Court harmeless by her Securities Cap' James Cole & Xpher
Butler

Mary Allbertson guardian to Sarah Harris gives bond & Security by
Eza xlllbertson & Dennis Mackclendon for the s*^ orphans Estate & to
save the Court harmelesse

RAIvPH FFLETCHER
FRANCIS FOSTER
JAMES COLES
JOHN STEPNEY.

Att a Court held at the liouse of Cap" James Cole the O"" day of March
being the 2'' Tuesday thereof for the p''cinct of Pequimins p''seiit
Cap" Ralph ffletciier ^

ffrancis fPorster ^^^ .. j ,.

n tt T n 1 I Lsq"^* Justices

Cap" James Cole - the Peace

C* tt T o Oil. I Lilt/ X CtU,L

-ap Ju° Stepney

W" Bartlett J

William Turner and Amy his wife makes over a patt°' and all the
Land therein conteyiied unto James Newl^y and ac'knowledges the same
in Court.

James Newby and Sarah his wile acknowledges a patteut and all y*"
land and appurtenances therein conteyned unto James fforster his heirs
and assignes for ever.

Upon a petition of Gabriel 1 Newby for two orphants left him by Marv
Hancock the late wife of Thorn" Hancocke and proveing the same by the
oathes of Eliz. Steuward and her daughter the Court doe agree to bind
them unto him he Ingaging & promising before the Courte to doe
his endeavour to learne the boy the trade of a wheelwright and likewise
give him at the expiration of his time one ear old heifer and to y^ girle
at her freedome one Co^\' and Calfe besides the Custome of the Country
and has promised at y" next orphans Court to Signe Indentures for that
effect.

Jn" Hopkins and Sarah his M-ife acknowledges a tract of land unto Jn°
Hare Jun" his heires and Assignes for ever
69

578 COLONIAL RECORDS.

Isaack Wilson and Anne his wife scales and delivers a bill of Sale for
land nnto Ralph Boseman and acknowledges y'^ same in Court and
ordered to be recorded.

Eza. Albertson is Sworne Constable from the hitherniost part of Litle
river to the lower side of Suttons Creeke

Win Jn°Son comes to prosecute his ag' M' Jn° ffaukner and agrees.

Jn° Anderson come to prosecute his suite ag' Rich'' Baylifte in a plea
of the case and agrees.

David Aires not coming to prosecute his Suite ag' Brient Fitzpatrick
oi'dered that it be dismist

M'' Jn" fFaukner Comes to prosecute his Suite ag' Wm Jn'Son and
agrees.

M'' Jn" ftalconer comes to prosecute his Suite ag' Jn° Jennett the sayd
Jn° Jennett not appearing ordered that the Marshall bring the body of
the s* Jn" Jennett to y° next Court to answer the Comp'" of the said Jn"
tfaulkner a'* Judgem' to be confirmed ag' the Marshall

Ordered that the Marshall have an Attachm' ag' the State of Jn° Jen-
nett Sufficient to Indemnifie the said Marshall from all damages & charges
y' may arise through an order passed against him for the nonappearance
of the said Jn" Jennett.

M"" Jn° Porter comes to prosecute his Suite ag' Jn° Jennett in an action
of the Case and by his Subscription proves that Jn° Jennett is Indebted
to him two pounds one Shill and Eleaven pence and prays an order ag'
the Marshall.

Ordered that the Marshall bring the body of Jn° Jennett to courte to
answer the Compl' of M" Jn" Porter a'" Judgem' to be confirmed ag' the
Marshall.

Ordered that the Marshall attach so much of the goods of Jn° Jennett
as will Indemnifie and Save harmelesse the s* Marshall from all damages
y' may accrue by virtue of an order j^assed ag' y' Marshall at the request
of M^ Jn" Porter.

P' Grey acknowledges a deed of Sale for land unto P"" Godfrey his
heires and assignes for ever ordered y' the Same be recorded

Mary Coffin acknowledges a conveyance for land unto James Ander-
son his heires and assignes for ever ordered that the same be recorded.

Upon a Petition of Eliz: Thiggpen makeing it appear by her Subscrip-
tion that her husband James Thiggpen & herselfe attended the Court one
day in behalf of Juliana Lakers and the s"* Juliana Lakers refusing to
pay them according to Law ordered that Juliana Lakers pay unto James
Thiggpen the Summe of five shills w"" Cost a'" Execution.

COLONIAL RECORDS.

Upon ;i petition of Jeane Stevens Shewing to the Court tHat P'' Grey
(lid formerly attach Sundry goods in the hands of Jn° Bennett viz
two weeding hoes one hilling hoe one falling ax one Tonialiauk one three
gallon ronndlett and three bushells of Corne

Ordcreil that Jn° Bennett deliver unto Thomas Stevens the ahovemcn-
tioned ^ticulars w"* Cost a" Execution She haveing taken oath they are
justly due unto her.

Upon a Petition of Jeane Ri(!hards declareing herselfe to be a late
Serv' of M'' Jn° Hacklefield and being now free humbly prays Corne &
Cloathes as usuall She taking oath that tis Justly due unto her.

Ordered that M' Jn° Hacklefield pay unto Jeane Rich*' his late Serv'
Corne and Cloathes according as the Law in that Case provides w"" Cost
a'^ execution.

Whereas upon an Information of Sam" Charles ag' Jeane Rich''' have-
ing a bastard child the said Jeane Richards appearing takes oath that
Larence Arnold is the only father to her said Child Ordered that the
said Jeane Richards receive twenty one stripes according as the act of
Assembly in that case hath provided

Whereas Garrett Pursell and W" Daviss makeing their appearance
according to a Summons issued out by Cap" James Cole on suspition of
dishonest '^sons the said Garrett Pursell and W™ Davisse takes oath that
the man that came in with them and parted from them Archibald Homes
house was one named Jn° Petti vour.

RALPH FFLETCHER
FRANCIS FOSTER
JAMES COLES
JOHN STEPNEY
WILLIAM BARCLIFT.

July 1703
Att a Court held att the house of Cap" James Coles the IS"* day of
July 1703 for the p'cinct of Pequimins p'sent
Cap" Ralph fHetcher ^
- M" ffrancis fforster \ Jlsq'' Justices of her
Cap" James Coles f Ma"*' peace.
Cap" Jn° Stepney J
Ricliai'd Burthenshall being Attorney for liis wife priscilla w"' himselfe
acknowledges a tract of Ijand unto Jn° Yatts and Ids Assignes ordered
the same be recorded

Arthur Careltou by a Petition prays administration on the Estate of
Thomas Cuttlett as nearest of kinne by marriage of his Mother and is
denyed.

580 COLONIAI. RECORDS.

Anne Jukeson widd & relict of Robert Jukeson lately deed hv a Pe-
tition prays an order tor proveing a verball will ol" the said Robert Juke-
son by the Evidences of Jn° Long Jn" Stacy & Margery White who be-
ing Sworne & Examined averr that the said Robert Jukeson on his death
bedd was in "pfect Sence & memory & did then give & bcfiueatli his reall
& '^sonall Estate unto the Said Anne his wife — making lier only and
Sole executrix w"'' Said Will is allowed to be good and Anthentickc.

Mary ffisher widd ct relict of James ffisher dec* produces an Inven-
tory of Appraisem' of the Estate of the said James ffisher attesting the
same to be full & Just ace' except some things excepted in the said Inven-
tory. The said Mary ffisher likewise produces an ace' of seaventecne
pounds and thirteene shill disburscni'^ out of y^ Estate of the said James
ffisher attesting the same to be Jjayd or legally due.

Anthony Alexander and Anne his Wifes acknowledge a pcell of land
unto Thom^ Evins and his assignes desiring the same may be recorded.

Richard Davenport acknowledges a pcell of laud unto Jn° Davenport
praying the same may be recorded.

Jn° Davenport acknowledges a pcell of land unto Rich'' Davenport his
father dureing life and prays the same to be recorded.

James tfoster by a Petition requests leave to prove ffve rights (viz')
two for himselfe Hannah ff'orster Sam" Wright & Mary White and is
granted

Garrett Pursell proves an ace' of three pounds and Six pence ag' M'
Jn° Pettivour and haveing had an attachm' ag' the estate of the said Jn"
Pettiver & a Mare & Colt being attached Ordered that Thomas Norcum
Caleb Calloway appraise the said Mare & Colt and pay unto the Sayd
Garrett Pursell his said debt of three pounds and Six pence w"" Cost and
the overplnsh to returne to the said Jn" Pettiver if any be.

Upon a Petition of Jn" West brother in Law to the Orphants of
Lewis Alexander & Ester Knight praying for two Orphants (viz') Lewis
Alexander & Emanuell Knight ordered that the said Jn* West take the
said orphants into his Care and Custody w"" all their Estates &
portions belonging to them the Plantation excepted The Said Jn" West
giveing Sufficient Security for the Said Estates and the plantation to
reuiaine in the hands of Edward and Dan" Pysong for the terme of iive
yeares from hence to come tliey keeping the Same in good repare & at
end of the terme delivering it up unto the said Jn° West tenantable &
in good repaire & provided the said Edward and Dan" Pysong shall
leave the partes before the expiration of the said terme the said Edward
& Dan" Shall before such departure deliver up the Plantation as afore-
said.

rOLONTAL RECORDS. 581

VViTi Hull and Wm Packlerton Comes to proscciite their Suite ag' M"
Juliana Lakers Tiie said Juliana Lakers not ap])earinii' an ord'' is praved
ag' the Marshall

(Ordered the Marshall bring the l)ody of the said Juliana Lakers to
tlie next Court als Judein' to he eontirnied.

Ordered that Joshua Calloway i)e overseer of tlu' high ways in the
roonie of Jn° Wyatt.

and ^\"m Long in the plaee of Peter Jenet.

Cap" Cole proves himselfe the lawfull Attorney of M"^ ^^'alter Crad-
dock — by the Oatlies of Henery Spring & INIary Coles

RALPH FFLETCHER
FRANCIS FOSTER
JAMES COLES
JOHN STEPNEY

Pequimixs — ss Att a Court held for the p'cinct of pequimins the
Second Tuesday in October att y' House of Cap' James Coles Octob' 12"'
1703

The Courts Coraissiou being published and the usnall oaths of Justices
being taken the Court Sat.

• p'sent

The Worp" Ralph Fletcher ^
The Worp" Francis Foster j
The Worp" James Coles ]~ Esq"'

The Worp" W"' Bartlett
The Worp" John Stepney J

M--' .[oanna Tayler proves the Last & Will & Testam' of M' W"
Boyce by the Oaths of M' Peter Godfrey & Elizabeth Stewart and that
the Executrix have A proi>att thereof Ordered that M"'^ Joanna Tayler
present an Inventory of tlie Sd M' Boyces Estate to the next Court and
that M"" James Coles M' John Stepney & M' Caleb Calleway be ap-
pointed to appraise the same.

Upon petition of John Hare

Ordered that the petition"' as nighest of kin to his deced Father have
Letters of Administracon granted.

The Marshall was required to arrest the body of M"' Juliana Lakars
to answer y' Comp' of W" Hall & W" Taddertou in a plea of the Case
for that the Def Stands indebted to the pr'' the Sume of five & twenty
Shillings agreed to be p'* in the hands of M' W" Boyce And for plea the
deft, putts the p" to the ])roof of his declaracon And putts herselfe upon
tlie Country & the pits likewise and the Marshall is required to cause to
come twelve true & lawfull meu to whom neither party is allyed By

582 COLONIAL RECORDS.

whom tlie Matter may be found &c And there came M' Peter Godfrey
M"^ James Morgan M' John Hopkins M' Peter Jones M' John Wyatt
M' Samuel Herst M'' Jolm Bennett M"^ John Hare M' Richard Skinner
M' Abraham Warren M"" Nicholas Filbert & M'' John Ftjster who Im-
pannell'd & Sworn Say wee find for the PP' according to Evidence Or-
dered that the Deft pay to the pit'" the sume of £1 os alias Execucon.

Ordered that Abraham Warren he appointed overseer of the High
Wayes from Duttons Creeke to Deep Creek in the Room of Tliomas
Harvey "*

Ordered that John Eateman be appointed overseer of the High Wayes
from Hartlevs Point to the nsuall place in the Room of Thomas Boswcll

Thomas Speight proves Rights for 350 acres of Land by the Importa-
con of Mary Speight Sen Ditto Jun John Hcttcrter Mary Fitt Garratt
Elizabeth Do Negro Hannah & himselfe.

Thomas Dorton proves his Rights to 150 acres of Land by the Im-
portacon of himselfe Thomas Davis & Anne Davis.

The Marshall was required to arrest the body of Riclid Davenport to
answer the compl' of Thomas Clarke in a plea of wn-en' for that the
Del)' hath not performed his covenant in building of a barn and for plea
the Def by Thomas Norkam his attorney demurrs in I^aw & putts the
pi' to the proof of his Declaracon and putts himself upon the Country
and the p" likewise and the Marshall is Comanded to cause to come twelve
true and lawfull men to whom neither parties are allyed by whom the
mattei- mav be found &c. and there came M'' Peter Godfrey M"" James
Morgan ^P John Hopkins M' peter Jones M"" John Wyatt M' Samuel
Herst M' John Bennett M' John Hare M'' Richard Skinner M' Abraham
Warren M"^ Nicholas Filbert & M' John Foster who Impaneld & Sworne
say wee find for the p" Seven pounds & Six Shillings with Costs.

Ordered that the Def* pay to the p" Seven pounds & Six Shillings
with Costs alias Excecucon.

Upon peticon of W" Ivacy

Ordered that L""^ of administracon be granted to the petition"" upon
the Estate of Nicholas Johnson decetl

Ordered that Richard Davenjjort pay unto Margery White for her
going and coming & attendance att this Court as an Evidence in a mat-
ter depending between the s'^ Richard Devenport it Thctmas Clark the
Sume of 2' G* with cost alias Excecucon.

RALPH FFLETCHER
WILLIAM BARCLIFT FRANCIS FOSTER

JOHN STEPNEY JAMES COLES

COLONIAL RECORDS. 583

[Records of General Court.]

Att a Gen°" Court Holden at ye House of C'ol° Jn° Heclefield Macch
y° 29'*' 1703 Being [/.sent The Ho"'^ Wm Glover Thos. Symonds Rich
Plater William Collins Esq"

The Courts Comission being Published i\P Rich Plator & M'' William
Collins do solemnly take y** oaths by Law appoynt'' before y^ Hon*'"
president.

Mary Books acknowledges a Conveyance of a tract of Land & Plan-
tacn to Robt Hosea

A Lett' of Attorney from Cap* Jn° Hecklefield to Daniell Phillips was
acknowledged '^ y* Constituent And then y* Court Adjourned till to
Morrow Morning 7 a Clock.

Wednsday ye 30"" of March 1 703 y" Court Meets Psent The Hon'''''
Ma)"^ Sam' Swann Wm Glovr Tho Simons Rich Plator Win Collins Esq"

M*^ Jn° Porter & M'' Rich Plator do mutoually agree upon an Issue in
an action of Debt and y" matter being ffully Debated

Ordered that M'' Rich Plator pay to M' Jn° Porter y'' sum of five
pounds In Pork With Costs alias Execu"

Mr Ju° Porter attor of James Jones Comes to prosecute his sute against
Henry Slade and y* Defend' Came Nott

Ordered that y'' Marshall have y" body of Henr}' Slade att y'' next
Court holden for this province y" I^ast Tusday in July next alias
Judgm' to go ag" y" Marshall

Jn° Bird Conies by Thomas Snoilen his Attorney to prosecute his sute
agst Wm Reed In a Plea of Debt & y" s** Reed comes and prayes a ref-
ferrence till next Court And Shewing Sufficient Reasons for y* same.

Ordered that y" action be RefPerr* to y*" first day of the next Gen"
Court

Mr Jn° Bird Comes by Thomas Snodeii his Attorney to prosecute his
Sute against Wm Reed In a Plea of y" Case & says y' y" sd Reed stands
indebted to y" pi* in y^ sum of 2. 14. 6 "^ ace" and y" s"* Reed Comes &
provs paym* made by y' Subscription of Augustine Searborrow. Or-
derd that y^ Sute be dismist & y" Plaintiff pay Costs

Mathew Winn Comes by Tho' Snoden his Attorney to prosecute his
sute against M' Jn" Jenins in a Plea of Defamation and y° Defend' comes
& pleads Justification and prays a Refference till y* Next Court

Orderd that y'' action be Retferd to y" first day of y° Next Gen°"
Court.

584 COLONIAL RECORDS.

The Marshall was Comauded to arrest y" body of Roger Monteague
Extor of ye Last Will & Testani' of Rich Collins Dec"' and y'= M' Ar-
dern plaintif Came nott to prosecute and y' Def ' prays a Nonsute att y''
Sute of ]M'' Jn° Ardern

Ord that a Nonsute be granted to y" Defend'

M'' Jn" Porter Comes to prosecute his sute agst Nich Hilbert and de-
clares for y' sum of 8 : 10 : 4 in Pork & y" Defend' Comes & Confesses

Ordered that Nich Hilbert pay to M' Jn° Porter y* sum of 8 10 4 In
fresh pork with Costs of Sute alias Execun

Colonell W" Wilkison Attorney of M" Huggendeclin of New York
comes to prosecute his Sute agst tfra Delemaine & An his wife and y'
Defend' Came Not

Ordered that y* Marshall have y" body of ifra Delemaine & Ann his
wife att y* first day of y° Next Gen" Court alias Judgm' to be Confirmed
ag" y" Marshall

Mathew Winn Comes '^ Tho Snoden his attorney to prosecute his
Sute against Jn° Jenins in a Plea of Defamati and y' Doft prays a Reff'er-
rence till Next Court which is granted.

Upon y* Petition of James Tooke

Ordered that Adniinistran of y' Estate of Jn" Took Deced be Comit-
ted to y° peticon'' and that Capt Jeremiah Goodridg Capt Nick Jones &
M"^ James Bridgham apraise y' same being first Sworne l>y y° Hon'''"' Sam'
Swann Esq"^

A Letf of Attorney from Ral]>h Chajiman to Tho Boyd was proved
"^ oath W''' (xlovr Esqr

Cap' John Hunt acknowledges a sale o± a Plantation to Thos Boyd
attor of Ralph Chapman and Eliz his ^^'ife Relinquishes all her title of
Dower to y" Same

^V Christopher Gale brings an ace" ag*' y" Estate of Jn° Harvey Esq''
and Coll W" AA'ilkison Extor of Jn° Harvey Esq being present saith
not

Ordered that Coll W" Wilkison pay to M' Chris Gale as he being
Executor to Jn" Harvey y' Sum 3 19 11 w"" Costs

A Will of Sam' Pricklove was provd Ijy y° Oath of tfra Penrice & y*
subscription of Jn° Anderson

Geo Harriss is sworne Deputy INIarshall for pascotank precinct and
takes y° oath by Law apoynted

M"^ Jn" Porter Comes to prosecute his sute against Christopher Butler
and says he is Damnified in his C"^ and Reputation by y* s** Butler in y^
Sum of 300£ Sterling and y° Marshall makes Returne a true Cop of y'
writt <&: Declarati Left att y' Dwelling house of y" plaintiff and y* Defend

COLONTAT. RFX'ORDS. 585

Came not And y" Court is of opinion y' y" Marshall Amend y* Return
of y° writt & Return Non Est Inventus

Which being done y" plaintiff prays y' an Attaehm' may go forth against
y* goods ct Chattells of y" Defend'

Ordered that y" Marshall Atteach so luueh of y" goods ct Chattells
Rights & C of y° s*" Butler as will amount to y^ sum Declared for with
Cost &c

M' Chris Gale Came to prosecute his sute agst Tho Evins in a plea of
y'' Case for y" sum of 2: 13: 2J & provs y' same "^ Oath

Ordered that Tho Evins pay to M"' Chris Gale y° sum of 2 13: 2| w"'
Costs alias Execut"

Walter Craddock Comes to prosecute his sute against Cap' Jeremiah
Goodridg in a Plea of y^ Case for y*^ sum of £77: 14 ^ ace" and y'' De-
fend' saith not

Ordered that y° Marshall have y" body of Cap' Jeremiah Goodridg att
y" Next Gen" Court in July Next alias Judgm' to be Confirm* ag" y"
Marshall

Upon Petition of Dorothy Simpson

Ordered that M' Henry White M"" Jn° Rapier M"^ James Davis shall
lay out all y^ Lands whereof W"" Simpson Deceased was possest in his
Lifetime and shall deliver to y' peticon'' the one third thereof to be to her
as her dower

M' W" Glover by his petition shews y' y" place of Richd Collins stands
indebted to him in y" sum of 7: 18: 3 and [)rays an order for ye same
and Roger Monteague being Present saith not

Ordered that Roger Monteague pay to y' Hon" William Glover in y"
sum of seaven pound eighteen shillings & five pence with Cost of sute
alias Execut" if Assetts to be found

Upon y" petition of John Meade

Orderd that Tho Symons pay unto y° petition' y^ sum of five pounds,
as he being executor of Charles Jones Deced itt being for y' bringing up
a negro boy.

Cap' Jeremiah Goodridg came to prosecute his sute against M' Fred-
rick Jones In a Plea of y' Case and y'' Defend' saith nott And M"' Tho
Snoden attorney for y' plaintiff prays Judgm' against y^ Marshall Ordr
that y" Marshall have y' body of M' Peter Godfrey Attor of M' ffred
Jones att y° next Court

A Bill of Sale from M"^ W" Duckenfield to M' John Porter was ac-
knowledged

70

586 COLONIAL RECORDS.

a Conveyance of a tract of Land &c was acknowledged by M"^ W"
Duckenfield to Rich* Ashworth

SAMUEL SWANN
W. GLOVER
THOMAS SYMONS
RICHARD PLATER
W" COLLINGS

To July Court tfroni March Court Reffer & oi'ders agst Marshall viz'
Porter attor Jones vers Slade

order vers Marshall
Bird vers Reed

Refferrd
Winn vers Jenins

2 acts Reiferd
WiLKisoN Attor Huggendeclin vers Lemare & AVife

ordr vers Marshall
Porter vers Battle

Non Est Inventus Returud
Cradock vers Goodridg

Ord' vers Marshall
Goodridg vers Jones

Ord"^ vers Marshall
Chevins vers FFeai.y

Sute for 3 : 9 : 6 ^ ace"
FFredrick Jones vers Jeremiah Goodridg

Plea Case Damage 1000£
Idem & Company vers Ditto

Plea Case Damage 500£ Non Est Inventus
W" Duckenfield Esq vers Monteague

Plea Case, no Return

May 16*" 1703 Idem vers Daw

Plea Debt

M' Boyd atteach D"^ Swoanu
M' Henry Baker Mercht of Virgia vers Early

Plea Case
Cobb &c vers FFewox

Retraxitt

COLONIAL RECORDS.

Chapman vers Powell

ddinue Retur Executed
Idem vers Sirlicum

Case Retraxitt

Semmons vers FFitizpatrick

Not Exeeuted
Newby vers FFraly

Debt Executed
Platt vers Martin

Retor Executed
Stanton vers Bandy

Tresspass on y^ Case Retur Executed
Haughton vers Norman

Return Executed

SCARBORO '^ SUPERSIDIAS agst RiCE

Griffin Supersidias agst Jones
W" Reed vers Benj Tull

Case

Know all men by these p'seuts that I Henry Baker of Virgi* Nomi-
nated Constituted Authorized & appoynted & in my stead & place do put
my very good ffriend Sam' Swann Esq' in Carolina to be my true and
Lawful attor Irevocably to sue for Levie Recover Receive Demand &
take of W" Early of y' s"* Carolina y' sum of 24 : ] 7 : 4J Or any other
person oi- persons Indebted to y' s** Baker within y' aboves* Country
Giving & Granting unto my s" Attor my full & whole power & Lawful
Authority in y* Execution of y' premisses to arest attach Imjilead Ini-
prisson & out of Prison againe to Deliver y» s'* W" Early his heires &c
until they (jr some of them shall have fully sattisfied y* Debt abovesd
And upon Reciete thereof or any part thereof acquittances or any other
Lawfull discharges in that behalf for me & in my name to make scale &
Deliver And all other Act of Acts thing & things Device or Devices in
y' Law w'soever for me & in my name to Do Conclude & finally to fin-
ish in as full Large & ample a maner as I may might or Could Do were
I personally p-^sent Ratifiing allowing & Confirming all & whoever my s"
Attor shall Legally Do or Cause to be Don herein Given under my hand
and scale y'= IT"- day of Ap" 1703 +-+1^-^

Sele & Delivered in p'-sence of HENRY BAKER I'^sIIiT'J

+ -f-i--|— H-f +

Jn" Alslove Rich Barfield

James FF Alen

588 COLONIAL RECORDS.

North Carolina — ss

Att a Gen" Court Hoideii att y' house of Cap' Jn" Hecklcfield in Lit-
tle River the 27"" Day of July 1708

l/sent The Hon'^''' Mj' Sam' Swann"

William Glover

Tliomas Symonds /■ Esq"^ Justices.

Jn° Hawkins
Rich'' Plater

The Court being Proclaimed do adjourn till to morrow Morning 9 a
Clock

Wednesday morning 9 a clock Court meets P"'sent Ut Supra Maj'
Swann absent

The Marshall being Comanded to arest }•" body of Henry Slade att y**
sute of M' Jn" Porter attor of James Jones and y' Plaintiff Came not to
Prosecute

Ordered that the action be Dismist & y* Plaintilf pay Costs

Jn° Bird comes to prosecute his sute agst Wm Reed in a plea of Debt
for 17: 00: 00 and y' Defend' Comes and prays Oyer of y' Bill which
being had he pleads acc° in Bar which being allowed there is found to be
due to y' pP 12: 3: 6

Ordered that Wm Reed pay to M" Jn° Bird y" sum of 12:3:6 witii
Costs of sute alias Execun

Mathew Winn acknowledges a Conveyance to Rob' Morgan

The Grand Jury Sworn M"' Jn° Bird M"' Dennis Maclendon David
Prichard The Lewis Wm Winberry Rowland Buckley Sam' Prichard
James Prichard Rich Mardreu Rich Stump Thomas Pendleton Phill
Jackson Daniell Rice James Hewes Rich Jesper

Matthew Winn comes by Coll Wiii Wilkison & M"' Thomas Snoden
his Attorneys to prosecute his sute ag" John Jenins in a Plea of Defama-
tion for these words you are a perjured Rogue you are a Hogstealing
Rogue and He prove it And y" Defend' comes and pleads Justification
and brings forward Evidence to prove it And y" plaintitl' by Coll Wm
Wilkison his attor says that a person cannot be perjured in — over —
Except in a Court of Record and thereupon Casts himself upon y"
Country And y' Defend' Likewise and y^ Marshall is Comanded to cause
to come 12 itc &c who <^c By whom &c

And there came Cornel Jones Jn° Relfe Jn° Winberry Mercer

Jn" Jones Jn° Wilson by Jn° Dicks James ifoster Simon C^rumsall W"
Ijufman Jn" Scarborou W" Reed

who impaneld & sworn say we find for y" plaintitf two pound ten shill
with Costs

COTvONTAI. RECORDS. 589

Ordertl that Jn° Jenins pay to Mathew AYinn two pound ten shills
with Costs alias Executn

And the y* Court adjournd till to morrow morning 8 a Clock

Thursday Morning 8 a Clock, y^ Court meets

P'sent W" Glover Esq' Tho Simonds Jn" Hawkins Richard Plater
Esq'

Upon y* Peticon of W™ Glover Esq" assignee of Coll Robt Quarry &
Company praying Judgm' agst Chris Butlers Estate Co" W" Wilkison
being p'sent to whom y* Estate was bound over

Ordered that Coll W™ Wilkison pay unto W™ Glover Esq' y^ sura of
fifty three shillings with Costs alias Executn

Coll W" Wilkison Attor of M' Huggendeelin of New York comes to
prosecute his sute against M' ffra Delamare & Ann his Wife Extors of
Rich Pope Deced and Declares for several goods & merchandize Reed by
y° s"* Pope from y^ pi' in New York amounting to y° sum of 144£ & y'
Defend' comes by M' Tho Bovd theire Attor and Denies y* Debt — &
says y* s* Goods they never Recivd

And Coll William Wilkison produces an Acc° under the hand of y^
s* Huggendeelin Attested by y* Corporation & under y" scale of New
York And y^ Defend' Casts themselves upon y'' C(juntry & y" Plaintif
moved that a Jury might be Empannelld one halfe of Merc'^ for y^ try-
all of this case And was directed by y* Court to sue out a Writt of
Venire Spec — for such a Jury to y* Next Court And he refused & prayed
to come to tryall. And the Marshall is required to cause to come twelve
&c and who &c By ^\ home &c And there came Cornelious Jones Jn°
Relfe John Winbery Tho Mercer who being Sworn & befijre anv other
of the ffellows had iaken y^ oath Coll W° ^Vilkison objected agst v"
Jury as Insufficient and Detracted y' Court then y* Rest upon y^ Panell
was Likewise sworn Viz (And y*" whole matter so farr as a Lay before
y^ Court was given them in Chai'ge) Jn° Jones Jn° Willowly Jn" Dick
James ffoster Simon Trumbull W" Lutfman W" Reed Daniel Phillips
And upon y'' Holy Evangelist say We of y'' Jury find for y'' Defend'
with Costs of sute

W" Rayfield proves his Rights to 200 acres of Ijand by rm])ortat of
W" Rayfield Ann Patience & ^^''" Rafield

The Marshall was Comanded to arrest y° body of C^hris Butler att v"
sute of j\P Jn° Porter and y" writt was Returned to y" Last Court Xon
Est Inventus And Now v" Marshall Returns Mortuus Est

590 COLONIAL RECORDS.

Ceaddock vers Goodridg

Plea Case for y" Sum of fifty seaveii pound fourteen shills And y"
Defend' by Coll Wilkison his Attorney says y' y*" Declaration he had not
in Due time and therefore prays to be dismist and is Dismist

A Letf attor from Jer Goodridg- ito Coll M'"ilkison was proved '§ oath
of James Coles

Jeremiah Goodridg by Coll W"' Wilkison his attorney comes to prose-
cute his sute agst M'' ttredrick Jones Late of London in a Plea of y"
Case and M' Peter Godfrey attor of y" s'^ Jones Comes & says that y^
Declaration in due time he had not and prays to be dismjst.

Orderd that y^ Action be dismist & y' Plaintiff pay Costs

Mathew Winn Comes f Coll W" Wilkison & M"" Tho Snodcn his
Attorneys to prosecute his sute ag'' M"' Jn° Jenins in a Plea of Defamati
& Declares for Damage £200 And y° Defend* Comes and puts them upon
proof of y" Declaration and Casts himselfe upon y' Country and y" pP
Likewise and the Marshall is Comanded &c By whome &c & there c^ame
Cornel Jones Jn" Relfe Jn» Winbery Tho Mercer Jn° Jones Jn" Wil-
lowby Jn" Dicks James ffoster Symon Trumbell W" Luftman W"" Reed
Dan Phillips who Empaneld & sworne on y° Holy Evangelist say we
find for y*^ plaintifP one shill with Costs Ordered that Jn° Jenins pay to
y^ pP 1 shilling Damage & 1 shilling Costs

ifredrick Jones & Comp Comes "^ M"" Peter Godfrey their Attor to pro-
secute their sute ag'' Jeremiah Goodridge in a Plea of y^ Case & y^ writt
being Returnd Xon Est Inventus y*" pit prays Attachm'

Orderd he have atteachm'

M' Tho Boyd having ateach' y" Estate of Tho Swann of Roxberry foi-
y' sum of 22:16:0 And M'' Rich Plater Comes & relieves y' Atteachm'

Orderd that M' Rich Plater pay to M' Tho Boyd y'^ sum of two
pound Sixteen Shill with C'osts alias Ex

CoUonel Henry Baker per the Hon" Sam' Swann Esq'' Comes to pro-
secute his sute against W" Early in a plea of y' Case for y" sum of £24:
17:4 And y* Defend* Comes & pray a Reiferr and by Joynt Consent it is
Reiferrd

Ralph Chapman "^ JSP Tho' Snoden his attor Comes to prosecute his
sute agst W" Powell in a Plea of Detinue A y" Defend* Came not and y*
plaintiif prays Judgm* against y' Marshall

Orderd that y" Marshall have y' body of ^\"" Powell att y* next Gen"
Court y' Last Tuesday in October alias Judgm' to be Confirm'' ag" y'
Marshall

The Marshall was Comanded to arrest y' body of ^Y'" Ifrayly att the
sute of Gabriel Nuby and Nuby came not to prosecute

COLONIAL RECORDS. 5'Jl

Orderd that y° action be disniist & y" Pit pay Costs alias Exe

Tho Piatt came to prosecute his sute agst Joel Martin in a plea of y°
Case foi- Breach of Covenant and y" Defend' Came not

Ord tliat y^ Marshall have y' body of Joel Martin at y" next Court y*"
Last Tuesday in Octo alias Judgni' to be Confirmed agst the Marshall
Richard Houghton by Tho Snoden his attor Comes to prosecute his sute
agst Henry Norman for severall things y^ Consideration of an Indenture
between them and y' Deft Comes & prays Oyer of y" Indenture and that
it may be provd w"*" was done

Orderd that Henry Norman pay to y" ])laintiff one New Coat &
Briches serviceable & good one Handsaw one Drawing Knife one Round

Shave one which shall be servicable to be delivered Imediatly with

Cost alias Execut

The Court Adjourned till to-morrow morning 9 a Clock

Friday morning 9 Clock Court Meets Psent ut Supra on y' Pettition
of Marg' Macbride

Orderd that Math Winn pay to y' peticon'" for her travel & attendance
Nineteen Shill & two pence w"' Costs alias Exe

Isaac Gilford & Jos Gilford being bound over to this Court makes
theire apeareance & pray to be discliarged

And they are dismist paying costs

Upon motion of M'^ Tho Snoden.

Ordei-d that a will of Rich Stiballs shall be Recorded

Wm Reed came to prosecute his sute agst Benj Tull Plea of Case and
Defend came not Orderd that y"' Marshall have y* body of Benj Tull att
y' next Court the Last Tuesday in October next alias Judgm' to pass agst
the Marshall

Tho Stanton \-ers Caleb Bundy Plea Case by agreem' Refferrd to Next
Court y* last Tuesday in October

W GLOVER
THOMAS SYMONS
RICHARD PLATER
JN° HAWKINS.

Att a General (^'ourt Holden att the House of Capt" John Hecklefield
in Little River Octol/ y» 26*'^ 1703

P^sent The Honble W° Glover ^

The Hon"'^ John Porter
The Hon"" Christopher Gale Esq'

The Hon''"' Thomas Svmon<l^ '
The Hon'"' John Blunt

592 COLONIAL RECORDS.

The Courts Corumission being published and the members having
taken the usual oath for the due discharging the office of Justices the
Court 8att i^seut ut Supra

The Hon"* Court adjourned till to Morrtiw INIorning 7 Clock

According on Wednesday Morning the Court meets p'sent ut Supra
exce])t M' Gkjver

Coll"" Henry Baker by the Honb'" Major Samuel Swann his attorney
comes to prosecute Suite ag' W" Early Def in a plea of the case & de-
clares that the Def stands Justly indebted to the p" in the full & Just
Sufne of 24 — 17 — 4 J and for plea the Def Sayth he is not indebted in
the aforesaid Sume and objects ag' certaine of the Articles Exhibited in
Court and itt appearing to the Hon*''" Court that the reall Sume of 20£ —
13s — 91 is due from the Def* to the p" the Def Confesses Judgm' for
the Same

Ordered that the Def pay to the pP the afores'^ Sume of 20£ — 13s —
9jd with Cost of Suite als Execucon

The Marshall being required to arrest the body of Joell Martin to
answer the compP of Thomas Piatt and the Def came not and the Mar-
shall not bringing the body of the Def

Ordered that Judgm' be confirmed ag' the Marshall for the Sume of
4£ according to the pP' Declaracons with Costs

Will" Reed comes to prosecute his accon ag' Benjamin Def in

A plea of Sit & Declares That the Def Stands indebted to the

pP in tlie Sume of £4— ^7— '^6 by his And for Plea the Def by

Arartion Parker his Attorney (his power being allowed on by the pP)
putts the pP to the proofe of his Declaracon and putts himselfe upon the
C-ountry And the pP likewise And the Marshall is Comanded to cause to
come &c to whom &c By whom &c And there came M"" Thomas Nor-
comb j\P Henrv Pendleton M'' George Kinsey M"' Willm Turner M''
Roger Middleton INP Thomas Tweedy M'' John Flowers 3P ^^''" Lacy
M' Rich" Chester M^ Willm White M^ Robert Palmer & M^ John Evans
who Impanelled & Sworn Say wee find for the pP one pound seventeen
Shilling & Eleven pence wath Costs

Orderd that the Def pay to the pP tlie Sume oi' one pound Seventeen
Shilling & Eleven pence with Costs als Execucon

Upon Peticon of John Evans

Orderd that the matter l^e referrd for a small time

Samuel Payne acknowledges a Deetl of Sale to M" Thomas Boyd in
behalfe of Joseph Cook

COLONIAL KECOIiDS. 593

The Marshall was required to arrest the body of Bryan Fitzpatrick to
answer the Conip'* of Nieholas Semons in a plea of the Case And the pi'
came not

Orderd that the accon be dismist & the jil' pay Costs

The Marshall was Coraanded to arrest the body of Jei'emiah Good-
ridge to answer the Comp" of Walter Craddock in a Plea of the Case &
the pi* came not.

Orderd that the accon l)e dismist & the pP pay Costs

Capt° John Hecklefield Comes to prosecute his Suite ag' Cap'° Eicli*
Sanderson in a Plea of the Case for that the Def* stands Justly indebted
to the pi' in the Sume of Tenne Pounds and for plea the Def putts the
p" to the proofe of his Declaracon But afterwards praying a Reference to
the next Generall Court alledging to make the matter appear more Clear

Orderd that a Reference be granted to the Def to the next Generall
Court

David Blake acknowledges a Deed of Sale of a Tract of Land to Anne
Durant Widow

A Letter of Attorney from John C^obb to M'' Hugh Campbell proved by
the oaths of M'' Rich* Plater & M"^ John Hunt & ordered to be Recorded

A Letter of Attorney from Robert Sanders to James Tooke provd by
the oaths of M' Hugh Campbell & jNI" John Hunt

Cap'" John Heckleiield comes to prosecute his suite ag' Daniel Phil-
lipps in a Plea of the Case and the Deft came not And the pP craves an
Order ag' The Marshall And the Marshall craving an Attachm' ag' the
Def" Estate

Orderd that an Attachm' be granted to the Marshall ag' the Def
Estate

Cap'" John Hecklefield Comes to prosecute his Suite ag' W"" Nichol-
son in a Plea of the Case and the Def came not And the pi' Craves an
Order ag' the Marshall And the Marshall prayes an attachm' ag' the
Def' Estate which is granted

Cap'" John Hecklefield Comes to prosecute his Suite ag' Abraham
Warren Administrator of Clapper et In a Plea of the Case And for plea

the Def produces an act of Assembly ao Barr to the accon And the

Hon'''^ Court being of opinion that the afores* Plea is a Good plea in
Barr to the Accon

Orderd that the pi' be Nonsuite & pay Costs als Execucon

John Bishopp Comes to prosecute his Suite ag' Daniell Phillipps in a
Plea of the Case And the Def Came not And the pi' prays and Order
ag' the Marshall
71

594 COLONIAL RECORDS.

Orderd that the Provost Marshall bring forth the body of Daniel
Phillipps to the next Generall Court to answer the Compl' of John
Bishopp als Judgm' to be Coufirm'd agt the Marshall

The Provost Marshall prayes an attachm' ag' the Estate of Daniell
Phillipps which is granted

Jeremiah Goodridge comes to prosecute his Suite ag' M' Fredrick Jones
in a plea of the Case And the Def* came not And the pP by Coll"" ^^""
Wilkinson his attorney prays an Order ag' the Marshall

Ordered that the INIarshall bring forth the body of M'' Frederick Jones
the next Generall Court to answer the Couip" of Jeremiah Goodridge
als Judgm' to be Confirmed ag' the Marshall

The Provost Marshall prayes an Attachm' ag' the Estate of M'' Fred-
erick Jones which is granted

Thomas Stanton Comes to prosecute his Suite ag' Caleb Brindy in an
accon of Trespass upon the Case for that the Def unjustly Stopped &
molested the Survey' in a lawfiill Survey of a Tract of land lying in
Pascotank Justly belonging to the pi' And for plea the Def putts the
pi' to prove his title & putts himselfe upon the Country And the pi' like-
wise And the Marshall is Comanded to cause to come twelve &c to whom
&c who neither &c By whom &c And there came M' Thomas Tweedy
M' Roger INliddleton M' John Flowers M' Will" Lacy M' Rich" Chesten
M' Robert Palmer IM^ John Evans M' V^^'^ ^Miite M' W» Reed M' Gar-
rett Purcell M' Bryan Fitzpatrick & INI"' Samuel Davis who Impaunell'd
& Sworn Say wee of the Jury find for the Def

Orderd that the accon be dismist & the p" pay Costs als Execucon

Upon Peticon of Anthony Markham praying to be allowed ten pounds
for his trouble & Charge in tending of Archibald Burnett in his Sicknesse.

Orderd that M"" Thomas Boyd Execut' of that S* Burnett of last will
& testam' pay the Sume of eight pounds to the peticon"" als Execucon

The Jurors for our Sovereigue Lady y° Quee Do p^'sent that Tho Dew-
ham Gen' of y° County of Bath have not y' feare of God before his Eyes
but being Led away by y° Instigation of y' Devill Did feloniously and
of mallice prepess'd att Severall times with Severall Weapons But more
particularly to Witt on or about y° tenth day of September Last past in
y" County of Bath aforesd ag" the Peace of our Late Sovereigue Lord
y° King Did with force & Arms Assault y' Body of W"" Hudson then
being in y° Peace of God and our sd Lord y' King and him y® sd W" Hud-
son Did then & there with a certain Weapon Comonly Called or Known
by y° name of Catt of Nine tayles ffeloniously & Maliciously Strike beat
wound & Kill that the aforesd W" Hudson Afterwards to witt on or
abount the 20"" Day of Sep' Last past in y° County of Bath aforesd

COLONIAL RECORDS. 595

then & there by reason of the aforsd Mortall Strokes & Wounds Did
Depart this Life ags' ye Peace &c

Who being Arreigned Pleads not Guilty

And Casts himself upon God & y" Country & Rich Plater Esq"^ Attor-
ney Gen" Likewise And the Marshall is Comanded that he cause to come
twelve good and Lawfull men of y° vicinage and who &c By whome &c
And there came M" ffra fibster Benj Tull Sam' Paine W" Armor Den-
niss M^Lendon James Oats Jenkin Williams tfra Beasley Abraham War-
ren Jn° West W" Gascins Jn" Bird and being sworn upon y° Holy Evan-
gelist to give true Verdict in y" premises Upon y° Holy Evangelist say

Wee find him guilty of Man Slaughter

And y^ sd Dearham humbly prays that Sentens may be suspended till
to morro

And then y" Court adjourns till to morro morning 8 a Clock

Fryday morning 8 a Clock Court meets p'sent ut supra August y° first

A Conveyance of a tract of Land & Plantation was acknowledged by
John Hutfton to M"" Jn° Parriss Jn° Bayly and Elinor his wife acknowl-
edges a Conveyance of a tract of Land & plantatn to John HuiFton

A Lett' of Attor from Rebeca Bard Wife of Jn° Bard to Nath Ch'""'
was proved "^ y'' oath of M' John Wheatley

A Conveyance of a tract of Land & plantation in Pequimons Precinct
was Acknowledged by Jn" Bird & Nath Clievin and Rebecca Bird Unto
M' Tho Harvey

Upon peticon of Wm Reed Preying that a tract of Land formerly in
y^ occupation of Cap' Jn° Gibbs and may be granted to y" Peti-
tion' and prays that y' y" Labour thereon may be Apraisd

Ordered that it be gi'antcd to y" Peticon' and that Baily James

Cary and Edw Jelfe Apraise y® Labour or any two of them

A Deed of Conveyance & Release was Acknowledged by

Duckenfield Esq' to M' John Ardrene

Upon y' Peticon of Eliz Stewart

Ordered that M' W" Boyce pay to y^ Peticon' the sume of Eight shills
& four pence for her travell & Attendance at Court

Thomas Dewham Iiaveing yesterday been Convicted of Manslaughter
& sav'd by his Book and Sentens Suspended —

Ordered that the sd Thomas Dewham be Burnt in Brawne of ye Left
thumb with a hott Iron haveing — y" Letter M and pay all Costs that
Doth acrue

And njion y" Humble Petition of y" s'' Tho Dewham — Court in Clem-
ency Doth Reprieve y^ said Sentence untill — Majesties Pleasure therein
be fm'thev known

596 COLONIAL RECORDS.

Upon Petition of W" Reed and James Cary

Ordered that Edward Berry pay to Each of ye Petitioners theire travell

& attendance nine Shills & two pence

SAMUEL SWANN

W. GLOVER

THOMAS SYMONDS

RICHARD PLATER

[From MSS. Records of Friends' Monthly Meetings in Pasquotank Precinct.]

At a Monthly Meeting Hold at the House of Caleb Bundy in the Pre-
cinct of Pasc^notank the P' of the 3"* Month 1703

Friends Meet &c It is agreed by Friends that a meeting House Shall
be Built at Pasquotank with as much speed as can be and it is left to the
said Meetings to consider about the time & place

1704.

[From MSS. Records of Friends' Monthly Meetings in Pasquotank Precinct.]

At a Monthly Meeting Held at Calub Buudy's The 1^' of the 1^'
Month 1704

Friends meet &c. There was a paper signed for the clearing of
Friend.s Principle concerning fighting wars, &c Sheading of blood and
to be set up at the Court House Door during the time of the Court Sit-
ting &c and also some things under it of Stephen Scotts own putting out
and giving forth.

•>
[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry met at the Chapel the 9"" Day of March 170|.

Present :
The Hono"" Hendenson Walker Escf M"' Nicholas Crisp

Co" W" Wilkinson M' John Blount

W" Duckenfield Esq^ M' W° Banbury

M'' Edward Smithwick Nath' Chevin.

William Duckenfield Esq"" and M' Edward Smithwick being appointed
Church Wardens for the Last Year and having Served a year the IS"'
of December last, and they having failed of calling the Vestry together
at that time in Order to be discharged.

Ordered that they serve another year in that Station.

COLONIAL RECOEDS. 597

Whereas D' Jolm Blair presenting liiniself before the Vestry as a Min-
ister of the Gospel and having the ajiprobation of the D. Governonr, he
is received as a Minister of the Gospel and the Clinrch Wardens for and
in behalf of the Vestry do assume to pay the said lY John Blair 30
pounds (as the Law jirovides) per annum. The year to begin the first of
this Instant March.

The choice of a Reader and Clerck of the Church being debated and
Daniel Leigh presenting himself for that office. Its agreed that Daniel
Leigh serve in that Station and that he keep the Keys of the Church and
keep the Church clean and keep the woods fired at the time of the year
round the Chajjpell also to provide water fur the baptizing of Children,
and to attend the Chappell every Lords Day, when the Minister is here to
officiate as a Clerk, and when the Minister is absent to read divine Service,
and a Sermon &c. to keep the Vestry Journal and to attend the Vestry
at their meetings. He promising to the Vestry to lead a sober and
exemplary Life in his Station his Year to begin this Day.

Whereas his Excellency Francis Nicholson Esq' his Maj'^^ Lieutenant
and Governor of the Colony of Virginia hath been pleased the contribute
the pious and Charitable gift of ten 2)ounds Sterling for the use of the
Church in this our precinct and parish of St. Paul's and for a perpetual
Memorial of his pious and Charitable Gift it is.

Ordered that the ten pounds in pieces of eight w' 17 p. w* shall be
sent to Boston to purchase a Chalice for the use of the Church with this
Motto Ex Dono Francis Nicholson Esq'' her Majesty's Lieutenant Gov""
of her Majesty's Colony and Dominion of Virginia.

Ordered that the Church Wardens do Speedily agree with a workman to
make pulpit and pew for the Reader with Desks fitting for the Same and in
as decent a manner as maybe and what they shall agree for the Vestry do
oblige themselves to See paid. And that they put a former Order in
Execution for the getting the Windows put up, and to get Glass and
have it put up forthwith.

The Publick Charge is as followeth vizt —

To Doctor Spruil for Curing — Adams—

To Luke Meazle's Services

To Co" Wilkinson a Barrell of Tai-r.—

To Dan'l Leigh for tarring the Chappell and fetching the Tarr

To Nath'l Chevin Clk.—

To Sallery for collecting at 1 5 ^ C—

£11: 4

£

sh

-5:

0:

0:

9:

0

15:

1 :

0

9.

10:

1 :

10:

598- COLONIAL RECORDS.

Ordered that the Collector collect of every Tythable in the precinct the
sum of one shilling and eight pence with power to destrain in Case of
Refusal to be collected by the Church Wardens or their Deputies and
the afs* Church Wardens do undertake for the faithful! Collection and
true accounting for the Same in the Sum of fifty pounds Sterling to be
levied upon their Goods and Chattells in Case of Default.

[B. P. R. O. Am: and W. Ind: Plant. Gen. No. 601.]

CONSIDERATIONS HUMBLY OFFERED, WHY NAVAL
STORES CANNOT BE BROUGHT IN GREAT QUAN-
TITY'S FROM HER MAJESTY'S PLANTA-
TIONS, UNLESS ASSISTANCE BE GIVEN
BY THE GOVERNMENT.
[19 May 1704.]

1'' Planters, proprietors, or Trading people will not make it their busi-
ness to provide such Good.s, nor bring them in the usual Avay of Trade
unless they have a pro.spect, they shall have sales for them at such rates,
as May afford them profit, their cost & Charges considered ; if there be
no such prospect then they will luring them only when they can be secure
of Gaine by .some particular contract with the Navy officers or other
persons.

2°* This is verified by what has past in relation to Naval Stores from
the plantations, Several have offer'd to bring them upon a Contract made,
or Charter granted or other advantages, but few or none have been
brought as other Comodities to be sold at a Comon Markett Tho it was
foreseen above 50 Yeares Since; that it would be dangerous to depend
entirely upon the Northern Crownes, for Naval Stores, and was then taken
into Con.sideration Now to be supplied from the Plantations, yet few
have been brought, tho in those parts there is great plenty of Timber for
building of Ship.s, and also to jjroduce Pitch, Tarr & Rozin, and a Soil
capable to afford hempe.

3'^ Upon which it may be concluded that no Methods can be effectuall,
for the bringing in, of great quantity's, but sncli as may give encourage-
ment, to the Trading people, to bring them upon the same foundation, as
they bring other Commodities from other parts viz'

Hopes of making projfit, by trading & dealing in them which cannot
be, unless these Comodities be eased of the great burthen, which lyes on

COLONIAL RECORDS. 599

them, I)y the great wages paid to labouring men on the Pkintations, and
the high freights given to Ship Masters, for Goods brought from those
parts, which being farr above the rates which are paid for the same Sorts
of Goods if they come from Norway or the Balticlv, deprives the traders
of making proffit by these Goods from the Plantations, and gives a pri-
ority to those from the North.

4'^ The Northern Crownes are our Competitors in this Case, the advan-
tages they have cannot be overcome, by a Charter, in which most of the
proposalls that have been made do center, Corporations must have Gov-
ernours, Directors, book keepers & Agents, the Charges will amount to
at least ten ^ Cent, which must be added to the Cost, and other necessary
Charges, and give a Further advantage to our Competitors, by which
they will be enabled to undersell our Traders in these Commodities, and
yet Subsist & make profit, because they will be eased in these Several
Charges & outgoings : Charters cannot remove, nor decrease the Cloggs
that lye on this Trade, but rather increase them unless the Swedes & Danes
and all others could be excluded from bringing those Goods into England.

Therefore

Unless these Comodities from the North can be Charged with a great
Custome, and those from the Plantations be eased from all Custome : or
her Majesty be graciously pleased to cause these goods to be brought
freight free to the Planters or o^vners, or to give to them some recompense
at a Certain rate '^ Tunu for what they may bring, as may equallize the
Charge of freight.

The Naval Stores from the North will always hinder their being
brought from the Plantations, as Comudities in the way of Trade, which
only can cause a large importation of them for the use of our Naviga-
tion in General, hinder the Exportation of our Coyne to the North and
prevent the inconveniencies that may happen, by our dependance upon
these Crownes.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry held at the Chappel the 26"^ of May 1704

Present
Coll W" Wilkinson ^ Mr. Nath' Chevin

W" Duckenfield Esq"^ | Mr. John Blount

Mr. Edward Smithwick j M^ W" Banbury

Mr. Nicholas Crisp J Cap' Thomas Luten

600 COLONIAL RECORDS.

Ordered that Mr John Ardern Serve as Vestry man in the Room of
the Hono"° Henderson Walker deced.

Ordered that three pounds be paid Richard Booth towards the main-
tainance of an or^jhan Child left destitute per Stephen Prestan.

The Rev* John Blair Serving as Minister of the Gospel out of his
Charitable Gift hath given what Sallery is due to him to the poor for
which the Gentlemen of the Vestry return him thanks.

[From N. C. Letter Book of S. P. G.]

MR. BLAIR'S MISSION TO NORTH CAROLINA.

I was ordained, in order to go to the plantations, 12th April, 1703,
and then received the queen's bounty of £20, and, soon after, my Lord
Weymouth's bounty of £50; upon which I lived in England till the 1st
of October following, which, together with my fitting out for such a
voyage and country, consumed the most part of my money. I had like-
wise £5 sent me by my lord of London to Portsmouth, and when I
landed in Virginia I had no more than £25.

I landed in Virginia, 14th of January, 1704; and, as soon as I could
conveniently travel, I waited upon the governor, and immediately after
made the best of my way into the country where I was bound.

I arrived amongst the inhabitants, after a tedious and troublesome
journey, 24th ditto. I was then obliged to buy a couple of horses, which
cost me fourteen jjounds, — one of which was for a guide, because there
is no possibility for a stranger to find his road in that country, for if he
once goes astray (it being such a desert country) it is a great hazard if
he ever finds his road again. Beside, there are mighty inconveniences
in travelling there, for the roads are not only deep and difficult to be
found, but there are likewise seven great rivers in the country, over
which there is no passing with horses, except two of them, one of which
the Quakers have settled a ferry over for their own conv^eniency, and
nobody but themselves have the privilege of it; so that at the passing
over the rivers, I was obliged either to borrow or hire horses which was
both troublesome and chargeable, insomuch that in little more than two
months I was obliged to dispose of the necessaries I carried over for my
own use, to satisfy my creditors.

I found in the country a great many children to be baptized, where I
baptized about a hundred; and there are a great many still to be bap-

COLONIAL RECORDS. 601

tized, whose parents would not condescend to have them baptized with
god-fathers and god-mothers.

I married none in the country, for that was a perquisite behjnging to
the magistrates, whicli I was not desirous to deprive them of.

I preached twice every Sunday, .and often on the week-days, when
their vestries met, or could appoint them to bring their children to be
baptized.

I called a vestry in each precinct, in my first progress through the
country, to whom I gave an account of my Lord Weymouth's charitable
bounty in supporting my mission among them, and likewise of the good
designs the honorable society had for them, as I was informed by Mr.
Amy that they had settled £50 per annum for the maintenance of two
clergymen amongst them; and likewise a proposal that Dr. Bray desired
me to make to them, that, upon their procuring good glebes, he doubted
not that there might be a settlement made for the advantage of the
Church, such as thei'e is in the island of Bermudas, viz., two slaves and
a small stock in each precinct, and that to be continued good by the
inctimbent to his successor, which will be a lasting estate to the Church.

They have built in the country three small churches, and have three
glebes.

In the three chief precincts, there is a reader established in each, to
whom they allow a small salary, who reads morning and evening prayer
every Lord's day, with two sermons, and I took care to furnish them with
books from the library before I came away.

I remained very well satisfied in the country till their Assembly sat,
which was on 1st March, where I expected they would propose a settle-
ment for my maintenance ; and they taking no care of- it, together with
my then circumstances, which were but very indifferent, discouraged me
very much, and occasioned my first thoughts of returning to England ;
for I was informed before I went thither that there was £30 per annum,
settled by law, to be paid in each precinct for the maintenance of a min-
istei-, which law was sent over hither to be confirmed by their lords pro-
prietors, and it being supposed not to be a competency for a minister to
live on, was sent back again without confirmation, whereof tJie Quakers
took the advantage, and will endeavor to prevent any such law passing
for the future, for they are the greatest number in the Assembly, and are
unanimous, and stand truly to one another in whatsoever may be to their
interest. For the country may l)e divided into four sorts of people : first,
the Quakers, who are the most powerful enemies to Chui'ch government,
but a people very ignorant of what they profess. The second sort are a
72

602 COLONIAL RECORDS.

great many who have no religion, but would be Quakers, if by that they
were not obliged to lead a more moral life than they are willing to com-
ply to. A third sort are something like Presbyterians, which sort is
upheld by some idle fellows who have left their lawful employment, and
preach and baptize through the country, without any manner of orders
from any sect or pretended Church. A fourth sort, who are really zeal-
ous for the interest of the Church, are the fewest in number, but the bet-
ter sort of people, and would do very much for the settlement of the
Church government there, if not opposed by these three precedent sects ;
and although they be all three of different pretensions, yet they all con-
cur together in ojje common cause to prevent any thing that will be
chargeable to them, as they allege Church government will be, if once
established by law. And another great discouragement these poor peo-
ple have, is a governor who does not in the least countenance them in
this business, but rather discourages them.

Finding it impossible to travel through the country at that rate I
began, I was resolved to settle in one precinct, but the people, all alleg-
ing that my Lord Weymouth's charity was universally designed for the
whole country, would not consent to it; which bred some disturbance
amongst them, upon which I was advised, by some of the best friends
of the Church, to come over and represent their condition to the honora-
ble society, not only of their want of ministers but likewise of inhabi-
tants to maintain them ; and their desires, they complying with my
necessities, was a powerful argument, considering I was then reduced to
my last stake, and knew not where, or upon what account, to be further
supplied. Besides, such a solitary, toilsome, and hard living as I met
with there were very sufficient discouragements. I was distant from any
minister one hundred and twenty miles, so that if any case of difficulty
or doubt should happen, with whom should I consult? And for my
travelling through the country, I rode one day with another, Sundays
only excepted, about thirty miles per diem in the worst roads that ever
I saw; and have sometimes lain whole nights in the woods.

I will now endeavor to show you how inefficient a single man's labors
would be amongst so scattered a people. In the first place, suppose him
minister of one precinct (whereas there are five in the country), and this
precinct, as they are all bounded with two rivers, and those rivers at
least twenty miles distant, without any inhabitants on the road, for they
plant only on the rivers, and they are planted in length upon those rivers
at least twenty miles, and to give all those inhabitants an opportunity of
hearing a sermon, or bringing their children to be baptized, which must

COLONIAL EECOEDS. 603

be on the Sabbath, lor tliey won't spare time of" another day, and must
be in every ten mik's distant, for five miles is the furthest they will bring
their children, or willingly come themselves ; so that he must, to do his
duty effectually, be ten or twelve weeks in making his progress through
one precinct.

You may also consider the distance that the new colony of Pamtico is
from the rest of the inhabitants of the country, for any man that has
tried it would sooner undertake a voyage from this city to Holland than
that, for beside a pond of five miles broad, and nothing to carry one over
but a small perryauger, there are about fifty miles desert to pass through,
without any human creature inhabiting in it. I think it likewise rea-
sonable to give you an account of a great nation of Indians that live in
that government, computed to be no less than 100,000, many of which
live amongst the English, and all, as I can understand, a very civilized
people.

I have often convei'sed with them, and have been frequently in their
towns: those that can speak English among them seem to be very will-
ing and fond of being Christians, and in my opinion there might be
methods taken to bring over a great many of them. If there were no
hopes of making them Christians, the advantage of having missionaries
among them would redound to the advantage of the government, for if
they should once be brought over to a French interest (as we have too
much reason to believe there are some promoters amongst them for that
end by their late actions), it would be, if not to the utter ruin, to the
great prejudice of all the English plantations on the continent of America.

I have here in brief set down what I have to say, and shall be ready
to answer to any questions the ' honorable society shall think convenient
to ask me concerning the country ; and shall be both ready and willing
to serve them anywhere upon such encouragement as I can live, accord-
ing to my education, after my Lord Weymouth ceases to lay his com-
mands on me.

I have made a considerable losing voyage of it this time, both by my
troublesome travelling in America, and likewise by being taken into
France, where I was prisoner of war nine weeks, and was forced to make
use of my credit for my sustenance ; and have lived in the same circum-
stances since I came to England, without any manner of relief, which has
been very troublesome to me, all which has brought me considerably in
debt, near £35, and now in no way to pay it, without my charitable
benefactor or the honorable society judge my labors worthy a reward.

604 COLONIAL EECORDS.

[N. C. Letter Book S. P. G.]

PETITION FROM NORTH CAROLINA TO THE RIGHT

HON"' THE LORDS SPIRITUAL & TEMPORAL

IN PARLIAMENT ASSEMBLED

The Humble Petition of the Queen's Ma"°' most distressed Subjects In-
habiting near Pamplico River in the County of Bath, within her Ma*'"
Dominions of North Carolina :
Sheweth

That your Petitioners depending upon the Royal assurance which was
given for their encouraging the Exercise of the Protestant Religion, and
the benefit of the Laws of England, and the encouragements which
were published for planting in the said parts, settled themselves and their
families upon the said River, and going through incredible difficulties
from the Indians, a vast labour and expense recovered and improved
divers great quantities of land thereabouts, they made all due applica-
tions to the Governors and Council of the Lords Proprietors of those
lands for being admitted into the privileges published as aforesaid. But
instead thereof they have been treated by the said Governors and Coun-
cil with very great hardships, neither coidd your Petitioners obtain your
[y*] favour of having a minister appointed them, though they offered
with cheerfulness to be at the Charge of maintaining him, and by reason
thereof your Petitioners have been deprived of the means of grace which
their souls earnestly longed after, and near two hundred of their children
have not been admitted to the Sacrament' of Baptism.

[Kecokds of Perquimans Precinct Court.]

Jany 1704
Att a Court held att the House of Cap'" James Coles in Pequimins
River the eleventh day of January Anno D"" 170f

P'sent
The Worp" Ralph Fletcher ^
The Worp" Francis Foster I -p „
The Worp" James Coles f ^"'^'l

The Worp" John Stepney J

Francis Foster & Hannah his wife acknowledges a Deed of Sale to
Thomas Snoden.

COLONIAL RECORDS. 605

John Anderson ag' Thomas Evans in A Plea of" the Case for tliree
pounds Sixteen & ten pence farthing And the Det"* came not & tlie pP
craves an Order ag' the Marshall

Ordered that the Marshall bring forth the body of Tho : Evans to the
next p'cinct Court to answer the couipl' of John Anderson als Judgm' to
be Confirmed ag' the INIarshall.

A Power of Attorney from W" Frilye & Grace his wife to M' Peter
Godfrey was prov'd by the Oaths of Rich'' French & Henry Spring, — &
ordered to be recorded.

The Deputy Marshall Craves an Attachm' ag' the Estate of Thomas
Evans att the Suite of W" Anderson.

A Deed of Sale Acknowledged by Peter Godfrey Attorney of W"
frilye & Grace his wife to M" James Coles.

A Will of James Oates prov'd by the Oath of Cajjt" James Coles &
the Subscription of Joseph Smith.

John Falconer Assignee of Coll Robt Quarry ag' Richard Davenport
in a plea of Debt & Complaines for the Quantity of Six Ban-ells of
Porke. And for plea the Def by Thomas Norkam his Attorney putts
the 2^1' to the proofe of his Declaracon, & putts himself upon the Coun-
try & the pi' likewise And the Marshall is required to come twelve true
and lawfull men of the vicinage &c By whom the matter may be found
&c And there came M"' Dennis Macclendon M' Rich'' Skinner, M' W"
White M' John Long M'' John Foster M"" Thomas Ayres IM" Samuel
parsons M' W™ Morgan M' James Morgan Sen. M' John Anderson M""
Ralph Fletcher Jun & M' David Sherwood who Impanelld &■ Sworne
say wee of the Jury find for the pi' Six Barrells of Pork with Cost.
Ordered that Richard Davenport pay to John Falcon'' Six Barrells of
Porke w"" Costs als Execucon

James Anderson p''sents James Thickpen Overseer of the High Ways
in his Room for the year Ensuing.

Ordered that the Sd James Thickpen be impowered thereto by a Warr'
to him Directed.

Upon peticon of Deborah Witby praying to live w"" Rich* Whitby &
to be releas'd from her Guardian & proifers Dennis Macclendon to be her
Security to Save the Court harmlesse which is accepted — it is Soe Or-
derd.

Anthony Alexander ag' Tho: Evans in a Plea of Debt Complaines for
twelve Hundred foot of good Inch board fifteen foot long & one pound
fifteen shillings & Six pence.

And the Deft Came not.

606 COLONIAL RECOEDS.

Ordenl that tlie Marshall bring forth the body of Thomas Evans to
the next Court held for this p'cinct to answer the Sd Alexanders Comp"
als Execucon

An Attachm' ag' the Estate of Thomas Evans granted to the Provost
Marshall upon his Peticon.

Joanna Tayler ag' Thomas Evans in a Plea of Debt for forty Shillings
in fresh Porke & the Deft. Came not.

Orderd that the Marshall bring forth the body of the Sd Tho: Evans
to the next Court to be held for this p''cinct to answer the s'^ Joanna Taylers
Comp* als Judgm' to be confirm'd ag* the Marshall.

And the Marshall prays an Attachm' agt tlie s"* Evans Estate which is
granted.

Coll W™ Wilkinson ag' Tho: Evans in a plea of the Case Coraplaines
for Thirty Shillings & two pence half peny & the Def Came not

Ordered that the Marshall bring forth the body of the Sd Tho: Evans
to the next Court to be held for this p^^cinct to answer the Sd Win Wil-
kinson Comp" als Judgm' to be confirmed ag' The Marshall.

An Attachm' granted to the INIarshall ag' the Sd Evans Estate upon his
motion.

A Deed of Sale Acknowledged from Richd Davenport to Coll Wm
Wilkinson.

A Deed of Sale acknowledged from M"" Ralph Fletcher to Rich'* Bur-
tenshall & Order' d to be Recorded.

And then the Court Adjourned till tomorrow Morning 8 of Clock.

On Wednesday att Eight of Clock the Court meets p^'sent ut Supra.

And then the worp" Court adjourns for one hour.

On Wednesday Morning 9 of Clock the Court meets p'sent ut Supra

A Letter of Attorney from Rich'' Burtenshall to Thomas Norkom
prov'd by the Oaths of Thomas Snoden & Thomas Houghton & order'd
to be recorded.

A Letter of Attorney from Ralph Fletcher Sen to Ralph Fletcher
Jun acknowledged & ordered to be recorded.
Tho. Clark v' Ric*"* Davenport

Ex°° return in Custody

A Deed of Gift from Ralph Fletcher Sen. to Ralph Fletcher Jun.
Acknowledged in Court & ordered to be recorded.

A Deed of Gift from Ralph Fletcher Jun to Ralph Fletcher Sen. -
acknowledged in Court & ordered to be recorded.

A Power of Attorney from Elizabeth the wife of Earth Phelps to
John ffalconer relinquish her Right of Dower of a Tract of Land Sold

COLONIAL RECORDS. 607

from y° s'* Bartholomew Phelps to Anthony Alexander & order'd to be
recorded And the same is acknowledged & to be recorded

Anthony Alexander upon his own ace' & Coll W™ Wilkinson on be-
halfe of the s* Anthony Alexander undertakes for the s** Anthony Alex-
ander in the Penall Sume of one hundred pounds Sterling Conditionally
that the s"* Anthony Alexander shall be of good Abearancfe to all her
Ma"" liege Subjects & the Court of Pequimins till the twelfth day of

January Anno D"" 170f

RALPH FLETCHER

FRANCIS FOSTER

Att a Court held att the House of Dennis Macclenden the 11"' day of

Aprill Anno D°' 1704.

P'sent.

The Worp" Ralph Fletcher ^

The Worp" Francis Foster N^ „ t ,.

The Worp" W" Bartlett f Esq"-Just,ces

The Worp" John Stepney j

The Worp" Ralph Fletcher Esq' acknowledges a Deed of Sale to
Thomas Harvey & Margrett his wife and orderd to be recorded.

James Beesley & Mary his Wife acknowledge A Deed of Sale to
Francis Wells & orderd to be recorded.

Archibald Holmes p^'sents Henry Norman Overseer of the High waves
for the yeare Ensuing in his Room.

Ordered that a Warr' be directed to the s* Henry Norman impower-
ing him thereto.

W™ Jackson presents George Gordon overseer of the High Waves in
his Room for the year Ensuing.

Orderd that a warr' be directed to the s* George Gordon Im powering
him thereto

Upon Peticon of Wm Williams praying 1"' of Administracon of
George Fletchers Estate ordered that the peticon'' have I/°° of Adminis-
tracon of the s** Fletchers Estate.

And that John Anderson John Yates Dennis Macclendon & x^braham
Warren appraise the same <fe that a true Inventory of the same be re-
turned by the s* William Williams according to Law.

By An Order past ag' the Marshall the last Court Anthony Alexander
Comes to prosecute his Suite by Tho: Norkam his Attorney ag'
Thomas Evans in a plea of Debt And the Def Came not. Ordered That
Judgm' be confirmed ag' the Provost Marshall for the Sd Debt

The Marshall was required to arrest the body of David Harris to an-
swer the Comp" of Coll" Will'" Wilkinson for the Sume of four poundii

608 COLONIAL RECORDS.

Seventeen Shillings & Six pence in fresh Pork & both partyes agreed
refeml l)y Consent to the next p'cinct Court.

W" Williams by Thomas Norkam his Attorney Comes to prosecute
his Suite ag' W" Hall in a plea of Detinue for that the Def Detaines
one Feather bed one pair of blankets & one Rugge of the pi" And for
plea the Def* Sayth that he Detaines the aforesd bed and furniture till
Satisfaction made for the Same and putts himself upon the Country &
the pi* likewise And the Marshall was Comanded to come twelve &c to
whom &c who neither &c By whom &e And there came M" Archibald
Holmes M' Anthony Hoskins M"" Henry Spring M'' John Yate JNI'
Rich* Burtenshall Rich"' Rose Abraham Warren Francis Wells Francis
Pettitt Lawrence Megue John Bennitt Rich* Skinner who Impannelld &
Sworn Say wee of the Jury find for the Def

Ordered that the ;w>con be dismist And the p" pay Costs als Execucon

Francis Pettitt by his oath proves an ace' ag' Rich* Houghton Debt'
to the Sd pettitt one cow & one cow yearling

Rich* Chesteu p'sents Samuell Cretchington Overseer for the High
Waves in his room for the year Ensuing.

Ordered that a Warr* be directed to the Sd Cretchington impowei-ing
him thereto.

M"^ Peter Godfrey acknowledges a Tract of Land to Anthony Haskett.

James Morgan acknowledges a Deed of Sale to W"° Morgan

Upon Peticon of Christopher Sutton praying his Estate out of Sam-
uell Nicholson his Guardian's hands.

Ordered that the Sd Suttons Peticon be Ejected.

Thomas Harvye & jNIargret his wife acknowledge a Deed of Sale to
David Harris

David Harris & Elizabeth his wife acknowledge a Deed of Sale to
Thomas Harvye, & ordeixl to be recorded.

Thomas Snowden Attorney of Constant his wife i-elinquishes her right
of Dower of A Tract of Land Sold to John Bateman.

M"" Fredrick Jones Complaines ag' Thomas Collings in a plea of the
Case for Three & Thirty Shillings & two pence to be pd in Porke att the
House of Peter Godfrey And the Def by Tho : Norkam his Attorney
comes & Sayth he is not Indebted above Seventeen Shillings and Craves
a Xonsuite being out of the Jurisdiccon of this Court to determine And
the Opinion of this Court is that a Xonsuite ought to be Granted to the
Def

Orderd that the pP l)e nonsuite & pay Costs als Execucon.

COLONIAL liECOEDS. 609

M' Frederick Jones Complaines ag' John Grey in an accon of Debt
for two pounds tenne Shillings & three pence and both partyes agreed
referr'd by Consent to the next p'cinct Court.

M' Frederick Jones by M'' Peter Godfrey his Attorney comes to prose-
cute his Suite ag* Tho: Houghton for two pounds Nyne Shillings &
Eight pence in Debt. And the Deft. Came not.

And the p" craves an Attachm' ag' the Defts. Estate which is granted.

John Anderson & Jane liis wife acknowledge A Deed of Sale to John
Hawkins.

Jeremiah Good ridge Constitutes John Anderson his Attorney & A
Power prov'd to the Sd John Anderson by the oath of Thomas Welch.

A power of Attorney from Thomas Evans to John Yates prov'd by
the oath of Thomas Snoden.

A Power of Attorney from Mary the wife of Thomas Evans to
Thomas Snoden to relinquish her right of Dower of A Plantacon Sold
by her husband Thomas Evans to Jeremiah Goodridge.

A Deed of Sale acknowledged from John Yates & Thomas Snoden
Attorneys of Thomas Evans & Mary his wife to John Anderson Attor-
ney of Jeremiah Goodridge.

Upon peticon of James Thigpen praying that a Road may be clear'd
to the Ferry out of the High Road

Ordered that the sd Thigpens Peticon be ejected.

John Shawe acknowledges an assignm' of A Pattent to James Nuby
& Orderd to be recorded.

Rich" Rose acknowledges an Assignm' of a Draught of Land to Ben-
jamin Nicholson.

RALPH FFLETCHER
FRANCIS FOSTER
WILLIAM BARCLIF
JOHN STEPNEY.

PequimixXS— ss Att a Court held att the House of Dennis Macclendou
in Pequimins River y' 11th Day of July Anno D"' 1704
p'sent The Worp" Ralph Fletcher ^

The Worp" Francis Foster [ Esq"
The Worp" W" Bartlett f Justices
The Worp" John Stepney J
- Thomas Cartwright acknowledges a Tract of Land to Sam" Wright &
Ordered to be recorded

A power of Attorney from Rich* Nowell to John Winbury provd by
the Oaths of W" Jackson & M' Francis Foster
. 73

610 COLONIAL RECOKDS.

An Assignm' of A pattent from John Winbury Attorney of Rich*
Nowell to W"" Jackson & ordered to be recorded.

An Assignm' of a Pattent from W"" Jackson to Rich* Nowell &
ordered to be recorded

W" Williams makes Oath to an Inventory of George Fletchers Estate.

A power of Attorney from Coll W"" Wilkinson to Thomas Snoden.

By a Reference from the last Court Coll W" Wilkinson by Tho: Sno-
den his Attorney Comes to prosecute his Suite ag' David Harris in a plea
of Deb' for four pounds seventeen Shillings & Six pence half pork &
half Corne And the Def Confesses Jugdgm* for the Same.

Order'd that David Harris pay unto Coll" William Wilkinson the
Sume of four pounds Seventeen Shillings & Six pence with Costs als
Execucon.

M' Frederick Jones by M'' Peter Godfrey his Attorney Comes to pros-
ecute his Suite ag* Thomas Horton als Houghton in a plea of Debt for
two pounds Nyne Shillings & Eight pence payable in Corne or porke
And the Def produces A Coppy of the Writt & pleads it insufficient to
compell him to make answer

Order'd that the accon be dismist & the pP pay Costs.

M' Frederick Jones by M" Peter Godfrey his Attorney Comes to pros-
ecute his Suite ag' John Gray in A plea of Debt for two pounds tenne
Shillings & three pence payable in Corne or porke And the Def Comes
and Confesses

Order'd that John Gray pay unto M' F)-ederick Jones two pounds
tenne Shillings & three pence w* Costs als Execucon.

W™ Morgan comes to prosecute his Suite ag' David Harris in A plea
of the Case upon Defamacon for Scandalizing & aspersing the pP w*
these words viz' Thee art A Rogue & He prove itt And the Def comes
& pleads Justificacon & Casts himselfe upon Country & the pP likewise.
And the Marshall is required to Cause to Come twelve true & lawfull
men &c who neither &c To whom &c By whom the matter may be found
And there came M' Dennis Macclendon M' John Anderson M' Archi-
bald Holmes M' John Yates M' W" Hall M' Daniel Hall M' W"
Branch M' James Foster M' W"" Lacy M' John Willoughby M' W"
Jackson & M' W" Williams who Impanelld & Sworn Say wee of the
Jury find for the pP w"" one Shilling Damage w"" Cost of Suite.

Orderd That David Harris pay unto W" Morgan one Shilling w""
Costs of Suite als Execucon.

A will of Gregory Garfott prov'd by the oath of Thomas Houghton
& the Subscription of Francis Tomes Jun.

COLONIAL RECORDS. 611

A Tract of" Land acknowledged by James Anderson & deborah his
wife to John Valleway & Ordered to be recorded.

An Assignm' of A Deed of Sale from Anthony Haskett Sen & Tabi-
tha his wife to Anthony Haskett Jnn. & ordered to be recorded.

Upon Peticon of Frances Phelps widdow for Administracon on the
Estate of Cnthbert Phelps Deced

Ordered that Administracon of the S"* Phelps Estate be granted to the
peticon'

And that Anthony Alexander John Jennett Williii Ludford & Oba-
diah Fai'e or any thrt^e of them doe appraise the S* Estate and that the
S* Frances Phelps bring in an Inventory thereof according to Law.

Judith Clark by Caleb Caleway her attorney Comes to prosecute her
Suite ag' John White & Alice his wife Deft" in A plea of the Case upon
Defamacon for aspersing & Scandalizing the p" in these words viz' You
(meaning the pi') are A whore & He prove you one And for plea the
Def by Thomas Norcom their Attorney Say the pl'° Declaracon is not
firm or valid in law to compell them to make answer. And the opinion
of this Court is That the Deft' plead to the accon And for plea the Def *"
plead Justificacon & Cast themselves upon the Country & the pi' like-
wise And the Marshall is required to Cause to Come twelve true & law-
full men &c To whom &c who neither &c by whom &c And there came
M' Dennis Macclendon M' John Anderson M"" Archibald Holmes M'
John Yates M"^ Wm Hall, M' Daniel Hall M' Wm Branch M' James
Foster M' Wm Lacy M'' John Willoughby M' Wm Jackson M' Wm
Williams who Impanell'd & Sworn Say wee of the Jury find noe Cause
of accon.

Orderd that the p" pay costs als Execucon.

A Will of W" Lacy Sen. prov'd by the Subscription of W" Lacy
Jun. Ordered that the Execuf^ have probat of the Sd Will.

An assignment of a Pattent acknowledged from Archibald Holmes to
Anthony Wherry & ordered to be recorded.

W" Lacy Jun on his own behalfe & W™ Moore on the behalfe of the
gd ^ym Lacy Jun undertakes in the penall sume of one hundred pounds
for the true performance of the last will & Testam' of W" Lacy Sen
deced

Thomas Norcom & Nathaniel Nicholson having given bond for the
Security of Deborah Whitbys Estate Orderd that they be discharged
from the S"* Bond and that the S* Bond be null & void

Ordered that Thomas Houghton be overseer of the High wayes for y°
year Ensuinge & be Impowered by a Wan' to him directed. In the Room
of W" Long

CA2 COLONIAL RECORDS.

Ordered that a Road be Cleerd from Lakars Creek to the usuall place
and that Caleb Caleway be appointed overseer for the year ensuing in
the Room of Joshua Caleway by a Warr' impowering him thereto.

W" Williams proves his Right to 60 acres of Land by the Importa-
con of himselfe

LTpon Peticon of John Pricklove

Ordered that W" Morgan pay unto John Pricklove for his attendance
as an evidence ag' David Harris two Shillings & Six pence w*'' Costs als
Execucon

Upon Peticon of John Morgan

Orderd that W" Morgan pay unto John Morgan for his attendance as
an Evidence ag' David Harris two Shillings & Six pence w"" Costs als
Execucon

Upon Peticon of Ralph Fletcher Jun

Orderd that W™ Morgan pay unto Ralph Fletcher Jun for his attend-
ance as an Evidence ag* David Harris two Shillings & Six pence w""
Costs als Execucon.

An assignm' of a Deed of Sale from Thomas Ayres to W" Williams

& ordered to be recorded.

RALPH FFLETCHER

FRANCIS FOSTER

WILLIAM BARCLIFT

JOHN STEPNEY

Att a Court held for the p'cinct of Pequimins att the House of Den-
nis Macclendon the 10* day of October Anno Dni 1704

p'^sent
The Worp" Francis Foster "
James Coles

Willm Bartlett )■ Esq" Justices
John Stepney
Timothy Clare j
A new Comissiou being published the Court Satt & the members tooke
the usuall oaths appointed by law

An Assignmt of A Deed of Sale from Rich* Burtenshall acknowledged
to David Harris & orderd to be recorded. And Priscilla his wife relin-
quishes her Right of Dower of the Plantacon & land Specifyed in the
Sd Deed of Sale

An Assignm* of a Deed of Gift from John Foster to Elizabeth his
wife acknowledged to John Davenport & orderd to be recorded.

COLONIAL RECORDS. 613

All Inventory of the Estate of Samuel Swaiin deced p'sented in Court
& Oatli made to the Same by Mary Swann Administratrix deed's Estate
& ordered to be recorded.

A Deed of Sale acknowledged from John Davenjiort to Alexander
Raye & Ordered to be recorded.

A Deed of Sale acknowledged from W" Bogue to W" Nuby Isaac
Wilson John Pricklove & W" More & Orderd to be recorded

John Batemaii p'sents Thomas Mercer overseer of the High Wayes
for the year ensuing.

Orderd that A Warr* be directed to the Sd Thomas Mercer Impower-
ing him thereto

Lawrence Megne p'sents Sam" Phelps overseer of the High wayes for
the year Ensuing,

Orderd that A Warr' be directed to the Sd Sam" Phelps Impowering
him thereto

Upon Peticon of Nathan' Sutton praying to be appointed Guardian of
Richard Sutton Orphan & Son of George Sutton deced.

Ordered that the Sd Peticon be rejected.

Ordered that Isaac Wilson & Joseph Smith Apprise A Mare of the
Estate of Thomas Hancocks De"* And that the same be putt in the
possession of W" White for the use. of the s* Hancocks Orplians and
that the s'^ W" White give in security for the s* Mare att the next p'cinct
Court.

A Power of Attorney from W" Williams & Susannah his wife to
Dennis Macclendon provd by the Oath of Thomas Siioden

A Deed of Sale acknowledged from Dennis Macclendon Attorney of
Win Wil'rn" & Susannah his wife to Tho: Norcom and ordered to be
recorded.

An assignm' of a Deed of Sale from Tho : Norcom to Thomas Snoden
acknowledged in Court & orderd to be recorded.

Upon Peticon of Cap'° James Coles praying to prove Rights to two
hundred & Fifty acres of Land by the Importat'on of himselfe John
Brock, John Falconar Edward Daniel Pison & Charles an Indyan & is
admitted.

FRANCIS FOSTER
JAMES COLES
WILLIAM BARCLIFT
JOHN STEPNEY.
ISAAC WILLSON
TIMOTHY CLARE

614 COLONIAL RECORDS.

1705.

[Minutes of Va. Council in Assembly. B. P. K. O. B. T. Va. 56.]

Saturday May 12*'' 1705.

The Council adjourned during plea.sure

And being again mett

The Resolves of the House of Burgesses concerning the bounds of

North Carolina were read as follows

May 2'* 1705.

That the best way to prevent any further encroachm'' being made by
the Government of North Carolina on the Inhabitants of this Colony is
to make provision as soon as possible for laying out and ascertaining the
Boundarys between this Government & that of North Carolina & that
Com" be appointed & impowered by his Excellency Avith the advice &
consent of the Council to treat with such Comm" as shall be appointed
by the Government of Carolina for effecting the same.

On reading the Resolve of the House of Burgesses concerning the
bounds of North Carolina

Resolved

That it is the opinion of the Council that before any Treaty be had
with the Government of North Carolina M' James Minge & M" Robert
Boiling jun'' surveyors be derected as soon as conveniently may be pri-
vately to run the line between this Government and North Carolina pro-
ceeding according to the course mentioned in the Patent of the Lords
Proprietors.

Resolved

That the said surveyors be derected to take particular notice what
lands or Plantations held by Patents or Entrys under this Government
may happen to be cutt off by the said line, or how far the same may hap-
pen to run, beyond the Inhabitants of this Colony.

Ordered.

That the said surveyors make report of their proceedings to his Excly
& the Council that they may be the better enabled to appoint Comm" or
make representation to her Majesty as they shall find expedient for the
good of the Inhabitants of this Country

Ordered

That a copy of the above Resolves be sent to the Burgesses for their
concurrence

Then his Excellency signed the resolves thus

I do concur with the Council in the above Resolves

ERA: NICHOLSON.

COLONIAL KECORDS. 615

[Minutes of Va. Council. B. P. R. O. B. T. Va. 56.1

26"^ June 1705
In pursuance of an Order of Council of 31'' May last past M' James
Minge Surveyor this day attended his Excellency and the Council who
acquainted him that being desirous to know whether the line between
this Government and North Carolina if run according to the patent of
the Lords Proprietors may cut off any plantations held by titles from
this Government They proposed to him to take an observation at the
mouth of the Weyanoake Creeke now commonly known by the name of
Maherin river and thence to proceed directly westward in the latitude of
36'^ 30™ according to the course of the Proprietors patent making his
observacons at two or three more places, where he thinks most conve-
nient for discovering the course of the .said line and desired him to with-
draw and consider what assistance he may want for performing that .ser-
vice Whereupon the said M"^ Minge withdrew & having taken a Memo-
randum from the patent of the Lords Proprietors of Carolina returned
with some proposals for his better accomplishing that service And it ap-
pearing that the said M' Minge cannot appear therein before next No-
vember it is referred till October Generall Court (when it is probable all
the gentlemen of the Council will be in Town) for consideration of such
further directions as shall be found necessary for accomplishing the .ser-
vice now propo.sed. In the meantime M' Minge is desired to keep secret
the intentions of this Government in relation to the running the course
of the said line And for the better concealing thereof it is Ordered that
the Clerk of the Council do not issue the Order of Council of 31" May
to the Surveyor of Nansemond for laying out the Maherin Indians land
till M' Minge be ready to go out with him to take the afores** ob.servacon
that the people of North Carolina may have no other susjiicion than that
those Surveyors are only going about laying the Maherin Indians land.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry mett at the Chappel y" 9"' Day of Sept' 1705;

Present *

Co" Thomas Pollock ^ M' Nicholas Crisp

John Ardern Esq' Mr W™ Banbury
W" Duckenfield Esq' I M' Nath' Chevin

Cap' Thomas Luten M' Edward Smithwick
M' John Blount

616 COLONIAL RECORDS.

M' Henry Gerrard presenting himself to the Vestry as a minister of
the Gospel and he having the Hono*'* Deputy Gov" approbation is re-
ceived by the Vestry into this precinct and the Said Mr. Heniy Gerrard
declaring that by Reason of the great Distance betwixt this precinct and
peqnimins and the Dirtyness of the Roads he is not able to Serve in the
two precincts, and therefore is willing to attend in this precinct wholy
and decline his Intentions of Serving in peqnimins.

And tiie Church Wardens for and in Behalf of the Vestry do under-
take to pay to the aforesaid M" Henry Gerrard thirty pounds per annum
at the Law directs besides these Voluntary Subscriptions hereafter men-
tioned to which the Several persons have Subscribed Vizt —

Co" Thomas Pollock
W" Duckenfield Esq'
John Ardern Esq'
Mr. Edw* Moseley
Capt. Thomas Luten
Mr. Nicholas Crisp
Mr. Edward Smithwick
Mr. John Blount
Mr. W" Banbury
Mr. Nath' Chevin
John Wheatly
Richard Rose
John Linnington
Cap' Davitl Henderson
Henry Bonner

£25 : 8 : 0
It is agreed that a thii'd jiart of the thirty pounds be levied and raised
in the precinct in December next.

And the Vestry agrees to meet the 15"" of December next.

£.

s

d

5:

0:

0

4:

0:

0

3:

0:

0

5:

0:

0

•1:

0:

0

1:

5:

0

1:

0:

0

1:

0:

0

0:

8:

0

1:

0:

0

0:

10:

0

0:

10:

0

0:

15:

0

0:

20:

0

0:

10:

0

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a A^estry meeting at the Chappel. Dec y° 16. 1705 •

Present

Col Wm Wilkinson Cap' Thomas Leuten

John Arden. Esq' Mr Richard Crisp

Wm Ducenfield. E.sq Mr Wm Banbury

M' John Blount Mr Nath' Cheven
Mr Edward Smithwick

COLOiXIAL RECORDS. 617

Ordered and agreed that Col Thomas Pollock and M'' John Blount
shall be rhtireh wardens for the ensuing year

And there being not a full vestry it is agreed that the Vestry meet the
Second Day of January nex.

[Records of Perquimans Precinct Court.]

Pequimins S. S. Att A Court held att the House of Dennis Macclen-
den in Pequimins River the 9"" day of January 170|^

P''sent
The Worp"
Francis Foster ^
James Coles

Justices

John Stepnev ^ [_■

Isaac VV ilson
Timothy Clare

Cap'" James Coles acknowledges a Deed of Sale to John Pettiver and
Orderd to be recordetl

And Mary his wife iclin(|uishes her Right of Dower to the Land
Specifved in the Sd Sale

A Bond from Cap'" James Coles to John Pettiver acknowledged in
Court & orderci to be recorded.

An Assignm' of A Deed of Sale from John Yate to Rich'* Burtenshall
acknowledged in Court & Orderd to be recorded And Elizabeth Yate
relinquishes her Right of Dower to the p''misses Specifyed in the Sd
Deed of Sale.

A Deed of Sale for ten head of Cattle from \A'™ Willms to Thomas
Suoden provd & allowd of in Court & Orderd to be recorded.

John Falconar Comes to prosecute his Suite ag' Edw** Berry in a Plea
of Debt for Four Hundred Forty and Three pounds of good Merchant-
able Tobacco & Cask And for Plea the Def by Thomas Norcomb his
Attorney Saytli he is not indebted in the Quantity of Tobacco & Cask
afores* And A Bill produced and no power incerted in the Bill nor the
Same Assigned A Non Suite is Granted for the Def upon his motion
And Orderd that the pi' pay Costs als Exo.

Coll' Willfn Wilkison & Hester his wife by Thomas Snoden their
Attorney Come to prosecute their Suit ag' Johannah Tayler Executrix
of the last will & Testament of W" Boyce for two Gold Rings of the

74

618 COLONIAL RECORDS.

value of Forty Eight Shillings And the Marshall makes returne Non est
Inventus And the pi' prayes an Attachm' ag' the Deft' Estate which is
Granted.

Elizabeth Foster the wife of John Foster i-ellnquishes her Right of
Dower of A Plantacon Sold by her husband to John Davenport.

Anne Davenport relinquishes her Right of Dower to A Plantacon
Sold by her husband to Alexander Raye

Upon Peticon of Sarah Grey Shewing that her husbands Estate is in
the possession of M' John Pettiver And praying the Same may by Order
be granted unto her

Orderd that all the Estate of Thomas Gray now in the possession oi'
M"" John Pettiver be Granted unto Sarah Gray She giving Security to
the Sd Pettiver to Save him harmlesse from A Bill past by him to the
peticon" husband.

A Deed of Sale from John Yalleway to Dan' Wright acknowledged
in Court & orderd to be recorded.

And Jane his wife relinquishes her right of Dower to the p''mises
Specifved in the Sd Deed of Sale

Upon Peticon of Dan' Snooke praying to prove Rights for Four Hun-
dred & Fifty acres of Land by & Importacon of John Williford & Jane
Williford \A'" Williford Sarah Williford Mary Watts Mary Avengton
Phillis Love Sam' Boatman tt 1 Child & is admitted.

Orderd that the Constable S""" Ellinor Gibbs to the next pVinct Court
to answer such matters as shall l»e there objectetl ag' her.

Upon Peticon of Dennis Macclendon praying to prove Riglits to a
Hundred Acres oi' Land by the Importacon of two persons viz' Michael
Downing & HaLella a Xegro <t is Admitted.

Upon Peticon of Henry Spring praying to prove Rights to a Hun-
dred acres of Land by the Importacon of two persons viz' himself twice
<t is admitted.

Abraham "Warren p'sents Sam' Charles Overseer of the High ^^'ayes
in his Room for the year Ensuing.

Orderd that he be hupowered thereunto by A M'arr' to him Directed.

Upon Peticon (if Nathaniel Xicholson jiraying to prove an ace' & is
admitted.

Orderd That ^Lu-y Albertson & Xathaniel Albertson pay unto Nathan-
iel Nicholson as much porke as will fill A Barrell two Sows two Barrow-
ot' his wife proper marke & one Barrow Specityed in the Inventory with
Coi^ts als Exo

Orderd t^iatJohn Davenport be Constable for the year Ensuing..

COLONIAL RECORDS. 619

Orilerd That Thomas Wenslowe be over Seer of the Hijih Waves for
the year Ensuing in the room of Sam' Cretchington.

Ordered that he be impowered thereunto by A Warr' to him Directed

Jane Morgan brought l^efore this Court for beating abusing wdunding
of Elizabeth Noreomb appeares And for plea Sayth that She did not
beat abuse & wound the Sd Elizabeth Norcomb in nianer & forme as is
alledg'd and the Sd Jane Morgan acknowledging her fault & being Sorry
for the Same is Disniist paying Costs.

Upon Peticon of Mary Albertson & Nathaniel Albertson praying to
pi"ove an ace' ag' the Estate of Sarah Niclujlson \v"' an t)rder tor the Same.
' Ordered that the sd Peticon be ejected.

Ordered that Dennis Macelendon & Esau Albertson be Discharged
from their bond being Security w"" Mary Albertson tor Sarah Hari'is
Estate

Orderd That Rich'' Skinner be Overseer of the High waves for the
year Ensuing in the Room of Francis Beesley.

Orderd that he be thereunto Impowered by A warr' to him directed.

Upon Peticon of Thomas Parker praying to be admitted to proxe
Rights to ^V Hundred Acres of Land by the Importacon of Elizabeth
Parker & Lucy Parker & is Admitted & Assignes them to Henry Spring

Upon Peticon of Timothy Clare Esq' praying to prove A right to A
Fifty acres of Land by the Importacon of Jenny A Negro is Admitted
cV: Assignes the Same to Dennis Macelendon.

FFRANCIS FFOSTER
JAm COLES
JOHN STEPNEY
ISAAC WILLSON
TIMOTHY CLEARE

Att a Court held att the House of M5 Dennis Macclenden the 10"' day
of Aprill 1705

p'^sent The Worp"

Francis Foster C. ~]
Cap'" James Coles j
W" Barcliffe Esq'" Justic;es

John Stepney
Dennis Macelendon
A new Comission being published the above members take & Subscribe
to the Oaths appointed by Law.

Thomas Snoden ('lerk of this Court takes and Subsc^ribes to the Oath
appointed by Law.

620 CX:>LONTAL RECORDS.

All afssi^'iim' «if a IK'cd (if Sale from Kirli'' Biirteu.sliiill ti» Andrew
Reed acknowledged in Conrt & Ordered to l»e leooided and Pri.scilla his<
wife relinquishes her right of Dower to the i/mises Specifyed in the S*"
Deed of Sale

A power of Attorney from ^Magdalen Holmes to John Foster provd
by the Oaths of Peter Worden <.^ Alexander Raye & ordered to he
recorded.

An Assignm' of a Pattcnt from Ai('hil)ald Holmes to John Foster
Attornev of Mag<laleii his wife to P^^dward ^^'ilson acknowledged in Court
& Orderd to be recortled.

An assignm'of a Pattent from John Norcomlito Rich* Skinner acknowl-
edged in Court & Orderd to be recorded.

And Elizabeth his wife Relinquishes iier Right of Dower to the land
Specityed in the S** pattent.

A Power of Attorney from Anne Raye to John Foster provd b}- the
Oaths of Peter Worden & Edw** Wilson & Orderd to be recorded.

An assignm' oi" a Deed of Sale from Alexander Raye & John Foster
Attorney of Anne Raye his wife to Archil)ald Holmes acknowledged in
Court & Orderd tt) be recorded.

A Deed of Sale from John Xorcum ct Elizabeth his wife acknowl-
edged in Court & Orderd to be recorded.

A Conditional 1 bond from John Norcum & Elizabeth his wife ac-
knowledged to Henry Warren & Ordered to be recorded.

A power of Attorney from Elizabeth Warren to John Foster provd
by the Oaths of Archibald Holmes & peter Worden & Ordered to be
recorded

A Deed of Sale from Henry Warren & John Foster Attorney of
Elizaletli his wife to John Norcum acknowledged in Court & Orderd to
be recorded.

Thomas Snoden proves an ace' ag' the Estate of Simon Trumbull
Dece'^ for the sume of Two pounds Sixteen Shillings and nyne pence &
proves the same by his Oath.

Upon Peticon of Thomas Snoden praying an Order for the Sume of
Two pounds Sixteen Shillings & Xyne pence in the hands of Anne
Trumbull Widdow Administratrix of the Estate of Simon Trumbull
Deced. Orderd that Anne Trumbull Witldow Administratrix of the
Estate of Simon Trumbull Deced pay unto Tliomas Snoden the sume of
Two pounds Sixteen Shillings & Nyne pence with Cost als Exo.

Co" Willm Wilkison & Hester his wife by Tho: Snoden their friend
come to prosecute their Suite ag' Johanna Taylor Executrix of the last

COLONIAL RECORDS. 621

Will cV: Tcstani' of Willm Boyce deced in a plea of the case for two Gold
Rings of the value of Forty Shillino-s And for plea the Def by Tho:
Noreuni her Attorney Sayth that there is noe Legacyes due till the Just
Debts are payed and putts himself upon the Country and the pi* likewise
and the Marshall was Conianded to cause to come twelve true <!t lawfull
men tVrc To whom &v Who neither &c Hy whom the matter may be found
and there came M' Arciiibald Holmes M"" Francis Beasley jVP Henry
Warren M' Edward Wilson M' Joseph Sntten Sen M'' Lawrence Megue
M"" Henry Bonnei- M' Joseph Sntten Jun INP Andrew Reed M" Rich"
Burtenshall AL John Falconar & M' Rob' Hosea who Impanelled tt
Sworn Sav wee of the Jury find noe case of accon. Orderd that tlie ac-
CMU be dismist & the i)l' pay Costs als Exo.

Elizal)eth Oates '\\'iddow Guardian & next friend of Sarah Lilly or-
phan of John Lilly Deced Comes to prosecute her Suite ag' W^illm
Stewart & Elizalwth his wife in a Plea of Trespasse for killing a Cow
Calfe To her Damage Forty Shillings And for plea Elizabeth one of the
Deft' putts the pP to the proofe of her Declaracon & putts herself upon
the Country And the pi' likewise And the Marshall was Conianded to
cause to come twelve true and lawfull men &c To whom &c who neither
&c by whom the matter may be found And there came M' Archibald
Holmes M^ Francis Beesley M-^ Henry Warren M' Edward Wilson M"'
Joseph Sutton Sen M' Lawrence Megue M' Henry Bonner M' Joseph
Sutton Jun M' Andrew Reed M'' Rich" Burtenshall M' John Falconar
& M"" Rob' Hosea who Impanelld & Sworn Say wee of the Jury find for
the plaintiffe. Orderd that Willm Stewart & Elizabeth his wife pay
Costs als Exo.

John Privett comes to prosecute his Suite ag' Thomas Houghton in A
plea of Debt & Complaines for four pounds payable in porke wheat or
Corne And the Def came not And the pi' prayes an Attachm' ag' the
Defts Estate which is granted.

John Privett proves a Bill of four pounds payable from Thomas
Houghton to the s" John Privett by the oaths of Thomas Clarke &
John Falconar.

Upon peticon of Henry Bonner praying the Instate of Deborah Whit-
by his now wife out of the hands of Dennis Macclendon Guardian of the
S" Deb<.rali.

Orderd that Dennis Macclendon deliver unto the peticon'all the Estate
of Deborah the peticon" now wite into the hands & Custody of the
peticon'.

622 COLONIAL RECOEDS.

Upon Peticon of John Falcon"' praying allowance for his Attendance
as Evidence for John Privett ag' Thomas Houghton. Ordered that John
Privett pay unto John Falcojiar allowance as '^ Act of Assembly for one
Daves Coming & going & one days Attendance.

FFRANCIS FFOSTER
JOHN STEPNEY J Am COLES

DENNIS MACKLANDIX WrfJJAM HARCLIFT.

Att A Court held at the House of M"" Dennis Macclendon in Pe(|ui-
mins River the tenth tlay of July Anno D"' 1700

P'^sent the the worp" Francis Foster

Capt" James Coles
Willm Bartlett
John Stepney
Dennis Macclendon
Willm Stephens

Esq" Justices
Willm Stephens Escj"' one of the Members of this Court takes & Sub-
scribes to the Oath appointed by Law.

Thomas Houghton Deputy Marshall takes ct Suliscribes to the Oath
appointed by Law

Flsau Albertson by Thomas Snoden her Maties ^Vttorney (ienerall &
prt)curat'' for the Lords propriet" P]xhibitts an Intbrmacon ag' Mary
Evans upon breach of the Act Entitled An Act ag* Fornicacon & Adul-
tery And the Sd Mary Evans apjjears & Confesses the Informacon &
is willing to pay the fine Speeifyed in the Sd Act with Costs.

Ordered That Mary Evans pay Fifty Shillings to the uses Speeifyed
In the Sd Act with Costs als Exo.

A Deed of Sale from Esau Albertson to Mary Rookes acknowledged
in Court & Ordered to be recorded.

As Assignm' of A Pattent from Ezekiell Maudlin to Timothy Clare
acknowledged in Court & Ordered to )« recorded.

And Hannah his wife relinquishes all the hei' right of Dower to the
afores** Land Speeifyed in the Sd Pattent

Upon Motion of Thomas Snoden her Maties Attorney (xenerall to
this worp" Court praying that Alexander an Indyan late Servant to
Jidlana Jiakar and one of her Maties Subjects may be produced to this
Court & lately Coniltted to her Charge And the Sd Alexander being
Suspected to be killed or by some means made away with by the Sd
Juliana I^akar Ordered That the Marshall take into his Custody the Sd
Juliana Lakar & her hold untill She shall become bound with good &

COLOJVIAL RECORDS. 623

Sufficient Security i'or the Sd Alexander's Appearance att the next
p'cinct Court.

John Dix Comes to prosecute his Sute ag' Thomas Snoden Jun in A
jilea of the Case upon Det'amacon & Comjihiines that the Def did utter
& declare of the pP these false malitious & Scandalous words viz* you
Stole Madra Walkers Hoggs & they meaning the Sd Hoggs were of her
marke To his Damage Fifty pounds And for plea the Def putts the
pP to the proof of iiis Declaracon Antl putts himselfe upon the Country
And the p" likewise And the Marshall was Comanded to Cause to Come
twelve true &e. By Whom &c To whom &c Who neither &c And there
came M'' Thomas Long M' Willm White ]\P David Harris M"^ John
Willoughby M'' Rich"* Houghton M' \Y\\\m Long M' James Thigpen
M^ Willm Pagister M^ Walter Tanner M'' Rich"* Rose M' \\\\m Moore
& M' Francis Jones who Impanelled & Sworn Say wee of the Jury find
for the pP twelve pence Damage with Costs of Suite

Orderd that Thomas Snoden Jun pay unto John Dix Twelve pence
Damage with Costs of Suite als Exo.

Upon Peticon of Cap'" John Heckletield praying to' be admitted to
prove an ace' ag' the Estate of Simon Trumbull Deed is Admitted &
produces an ace' ag' the Estate of Simon Trumbull Deed for the Same
of Four pounds Teiuie Sliillings tt J ct proves the Same l)y this Oath.

Orderd that Anne Trumbull Widdow Administratrix of the Estate of
Simon Trumbull Deed pay unto Cap'" John Hecklefield the Sume of
Four pounds Tenne Shillings iS: h als Exo.

Upon Peticon of Joim Willougliby praying to Ix' Adinitted to prove
an ace' ag' the Estate of Simim Trumbull Decil is admitted & produces
an aec' ag' the Estate of Simon Trumbull Deced for the Sume of Twentv
Shillings & ten pence ct proves the Same by his Oath.

Orderd that Anne Trumbull Widdow Administratrix of the Estate of
Simon Trumbull Deced pay unto John Willoughby the Sume of Twentv
Shillings & ten pence als Hko.

John Hopkins Comes to prosecute his Suite ag' Patrick Eggert(_)n in
A Plea of the Case & Complaines for Six pounds payable in Wheat And
for plea the Def by Edw'^ Smethwicke liis Attorney Sayth that the pi' hath
noe (iause of accon & putts iiimselfe upon the Country & the pi' likewise
and the Marshall was required to cause to come twelve true & lawful!
men &c who neither &c To whom &c By whom the matter may be found
And there came M'' Thomas Long M'' Willm White M'' David Harris
M"' John Willoughby AP Ricli'* Houghton M"' James Thigpen M"" Willm
Patiister W W'altei' Tanner M'' Ri(;h^ Rose M'' \\'illffi Moor M' Francis

624 COLONIAL RECORDS.

Jones & M' John Bennett who Impanelled & Sworn Say wee of the
Jury find noe Cause of Accon.

Ordered that the accon be dismi^t & the pi' pay Costs als Exo.
John Falcon'' assignee of Thomas Clarke is pi' ag' Thomas Houghton
Def in A Plea of Debt & Complaines for Two pounds Seven Shillings
& Six pence due by Bill payable in good Sound Merchantable Porke
Convenient in Yopin River And the Def comes & confesses Judgni' for
the Same

Orderd that Thomas Houghton pay unto Jolin Falcon'' assignee of
Thomas Clarke the Suine of Two pounds Seven Shillings & Six pence
with costs als Exo.

And in barr of the aforesd Order tlie Def prays all further pro-
ceedings may l>e stop' till A further hearing be in the Hon'''" Court ()f
Chancery And prayes an Appeal 1 in to the Hon'''° Court of Chancery
which is granted.

Thomas Hougliton on his own bt-haUW: Thomas Norcum on behalf of
tiie s** Thomas Houghton acknowledge themselves Joyntly ct Severally
to owe tt Stand indebted unto tiie Lords p''opriet'''' in the full sum of five
pounds That the s'' Tiiomas Houghton shall prosecute iiis appeal ag' A
Judgm' obtaind by John Falcon'' to the next Court of Chancery.

A Power of Attorney from Peter Godfrey to Isaac Wilson ])rovtl by
the oath of Cap'" James ('oles & likewise the same provd by the Oath of
Rob' Harmau the nynth day of July 1705 & Orderd to be recorded.

Upon Peticon of ^\'illm Stephens praying to be admitted to prove an
ace' ag' the Estate of Simon Trumbull Deced is admitted ct produces an
ace' ag'the Estate of Simon Trumbull Dece'* for the Sume of Six pounds
& proves the same by his Oath.

Orderd That Anne Trumbull Administratrix of the Estate of Simon
Trumbull Dece** pay Unto ^^'illm Stephens the Sume of Six pounds a'' Ex'

FRACIS FOSTER
WILLIAM BARCLIFT
JOHN STEPNEY
DENIS MACKLENDIN
WILLIAM STEPHENS
Peqvimins SS:

Att A Court held att the House of M' Dennis Macclendon the O""
Dav of Octoly Anno D"" 1705

P'sent
The Worp" Francis Foster "j

John Stepney I -p, ,« t ,*•

Dennis Macclendon ( *"
Willm Stevens

COLONIAJ. RECORDS. 625

Upon Pt'ticon oi' Jane Anderson praying an order for L'"' ot" Amin-
istraeon on tlie Estate of John iVnderson Dec*^ as nearest of Kinn to the

Orderd tliat Jane Anderson have L"'"' of Adniinistracon on tlie Estate
of John Anderson Deoed And that Isaac Wilson Dennis Maeclendon &
Andrew Reed ap2)rise the afores'' Estate & that the s* Jane Anderson
bring in an Inventory of the Deee**' Estate to the next p'einet Court.

Thomas Houghton p''sents John Noreoni overseer of the Higli wayes
in his Room for the year Ensuinge.

Orderd That the Sd John Norcom be thereunto Inipowered by A
warr' to liim directed.

Upon Petieon of Cap'" Jolin Hecklefield praying 1"° of Administra-
tion de bonis non Administratis of the Estate of Simon Trumbull deced.

Orderd that John Hecklefield have fresh l'^" of Administracon of the
Estate of Simon Trumbull Deced & That M' Willm Bartlett Jolin Wil-
loughby & Francis Penrice apprise the Afores"* Estate if any be to be
found.

Thomas Mercer p''seuts Walter Tanner Overseer of the High Wayes
in his Room for the year Ensuing.

Orderd That the Sd Walter Tanner be thereunto Inipowered by A
Warr' to him directed.

A Deed of Sale from Willin White to Willm Targiter acknowledged
in Court & Ordered to be Recorded.

A Power of Attorney from Anne White to Willm White her husband
provd by the Oaths of Thomas Snoden & Patrick Eggerton & Orderd
to be recorded.

Orderd that Thomas Wenslow Daniel Snooke & Thomas Lilly Sev-
erally appear att the next p^'cinct Court.

John Hopkins comes to prosecute his Suite ag' Andrew Rosse & Rich*
Leary Execut" of Cornelius Leary Deced in A Plea of Debt & Com-
plaines for four pounds & ten Shillings in Clean drest fresh porke & the
pit' came not & John Norcom produces A Power of Attorney prov'd
from the Sd Leary to the Sd Norcom

Orderd that the matter be referrd to the next p'cinct Court.

A Bill from Andrew Rosse & Rich* Leary Execuf of Cornelius Leary
deced for the Sume of Four pounds & Tenne Shillings prov'd by the
Oath of Thomas Norcom & left for further proof

A Deed of Sale from John Hare to John Bennett acknowledged in
Court & Orderd to be recorded.

An Assignm' of A Deed of Sale from John Hare to John Bennett ac-
knowledged in Court & Orderd to be recorded.
75

626 COLONIAL KECORDS.

A Power of Attorney from vSarah Hare to John Hare her Husband
provd by the Oath of John Falcon"^ & Orderd to be recorded

A Deed of Sale from John Falcon'' to John Gray Acknowledged in
Court & Orderd to be recorded

By an Informacon of Elizabeth Exhibited ag' Ellinor Mearle by
Thomas Snoden her Maties Attorney Generall & Procurat' for the Lords
Propriet" ag' Ellinor Mearle for breach of an Act ICntituled an Act ag'
Fornicacon & Adultery And the Sd Ellinor a])peard & Confesses the
Informacon.

Orderd That Ellinor Mearle be punished by receiving Ten Stripes on
her Back well laid on & pay Costs als Exo

And then the Court adjourns till tomorrow Morning 7 of clock.

Att 7 of Clock on Wednesday the Court meets.

Corapl' being made to this Court by the orphans of George Sutten
deced That Abraham Warren their Guardian hath given them Imoderate
Correccon & deprived them of Competent Sustenance,

Orderd That Dennis Macclendon take into his Custody Elizabeth &
Deborah Sutten two of the afores** Orphans & all their reall & personall
Estate whatsoever & be accountable for the same when thereunto legally
called.

Orderd that Nathaniel Sutton take into his Care & Custody Rich**
Sutten one of the afores* Orphans & all his reall & personall Estate
whatsoever & be accountable for the Same when thereunto legally called.

Orderd that A Bond past by Abraham Warren, Samuel Nicholson &
James Oats for the afores* Orphans Estate be null & void to all intents
& purposes.

Upon Peticon of Charles Craddock Shewing That Henry Norman
detains from the peticon'' one Trunk one Chest an Inkhorn & a Bible

Orderd that Henry Norman render unto the jieticon"' the afores* Chest
Trunk Bible & Inkhorn with Costs als Exo.

Alexander the Indyan by a Reference from the last Court comes to
prosecute his suite ag' Juliana Lakar in A Pfea of the Case & Complains
That he the p" Sometime in the Month of May in the year of our Lord
God 1692 in & by A certaine writing obligations contracted to & with
the Def to Serve her the Def the full time & terme of twelve yeares
from the Date of the S* Contract And the pP Sayth that att the end or
Expiracon of the S** terme of Twelve yeares he the p" was to be free &
att Liberty And that the p" hath Servd the afores'^ terme & time accord-
ing to contract. And that the Def hath detained the p" a Serv' one year
over and above the time Specifved in the afores'' Contract to his Damage
Tenne pounds And prays an Order for his freedom And for Plea the

COLONIAL RECORDS. 627

Def Cometh forth & Savtli that She nevei- did by any writing obligacon
or Contract to nor with Saunders lier Indyan for any terme of years nor
never did assigne to any writing attained to liis Freedom Soe putts liim
to prove that She did & throws herself upon the Country And the p"
likewise And the Marshall was Comanded to (jause to Come twelve true
& lawful] men of the vicinage who neither &c. To whom &c By whom
the matter may be found And there came M'' Isaac Wilson M"' Timothy
Clare M' Willm White M' Patrick Eggerton M' Rich* Davenport M'
Peter Jones M' Willm Pargiter M"^ Ralph Boatman M' Willm Bogne M""
John Hopkins M"^ Thomas Pierce & M' Willm Moore who Impannell'd
& Sworn Say wee of the Jury find for the plaintiffe with Costs of Sute.

Orderd that the j^laintiflFe be free from the Def and that the Def pay
Costs a'' Ex'. And in Barr of all further proceedings the Def prays an
Appeal in to tlie next Hon*'* Court of Chancery which is granted.

M" Juliana Lakar assumes to be indebted unto his Excellency the
palatine & th(? Ixirds Propriet" in the full & Just Sume of Twenty
pounds & Thomas Norcom assumes in behalfe of the s* Juliana I^akar
in the sume of Ten pounds That She the s'^ Juliana Lakar shall prosecute
her appeal ag' Alexander the Indyan to the next Hon"' Court of Chancery

Upon peticon of Ca]>'° James Coles

Orderd That Tlioinas Snoden pay unto Cap'" James Coles for his
attendance as Evidence for Alexander the Indyan v Jidiana Lakar with
Costs a" Ex"

Upon Peticon of John Old

Ordered that Alexander the Indyan pay unto the Peticon' Seven Shil-
lings & Six pence with Costs as an Evidence ag' Juliana Lakara'" Ex".

Upon Peticon of Rich'' Skinner

Ordered that Alexander the Indyan pay unto Rich'' Skinner Seven Shil-
lings & Six pence as an Evidence ag' M" Juliana I^akar with Costs a'' Ex°

Upon Peticon of Ralph Fletcher Jun

Orderd that Alexander the Indyan pay mito the peticon'' Seven Shil-
lings & Six pence as Evidence ag* Juliana Lakar with Costs a'' Ex".

Upon peticon of Thomas Houghton

Orderd that Alexander the Indyan pay unto the Peticon'' Seven Shil-
lings & Six pence as Evidence ag' M" Juliana Lakar with Costs a'' Ex°.

Ellinor Mearle Comes voluntarily before this Court & makes oath
upon the Holy Evangelist that Sam' Padgett of Chowan p'cinct is the
only Father of a Bastard child l)orn of her Body & further Sayth not.

FFRANCIS FFOSTER
JOHN STEPNEY
DENIS MACKLENDIN
WILLIAM STIVINS.

G2S COLONIAL EECORDS.

[Hening's Va. Statutes at Large. Vol. 3. p. 253.]

AN ACT AGAINST IMPORTING TOBACCO FROM CARO-
LINA, AND OTHER PARTS WITHOUT THE
CAPES OF VIRGINIA.

I. For prevention erf such inconveniences and disadvantages as reason-
ably may be expected in a short time to fall upon the inhabitants of this
colony and dominion, in the sale or shipping of their tobacco, in case like
provision be not now made, as hath been heretofore, against importing or
bringing toliacco hither from jiarts without the Capes.

II. Be it enacted, by the Governor, Council and Burgesses of this
present General Assembly, and it is hereby enacted by the authority of
the same, That such importation from henceforth be, and by virtue of
this act remain, prohibited and forbidden ; and that if any tobacco here-
after, in any-wise whatsoever shall be imported or brought from Carolina,
or other parts without the Capes, into this colony and dominion, in order
to be here laid on shore, sold, or shipped, the same shall be thereby for-
feited and lost; one moiety to our sovereign lady the Queen, her heirs
and successors, for and towards tlie better support of this government,
and the contingent charges thereof; and the other moiety to him, her, or
them, that shall inform or sue for the same in any court of record within
this her majesty's colony and dominion, by action of debt, bill, complaint
or information wherein no essoin protection or wager of law shall be
allowed

[From the MSS. Records op the Friends' Monthly Meetings in Pasquotank

Precinct.]

At a monthly meeting held at Caleb Bundys The P' of the P' Mouth
170f.

Friends meet &c

There was a paper signed for the clearing of friends Principles Con-
cerning fighting wars & sheading of blood and to be set up at the Court
House Door During the time of the Courts Sitting &c and also some
things under it of Stephen Scotts own putting out & giving forth.

COLONIAL RECORDS. 629

[B. P. R. O. B. T. No. Carolina. Vol. 2. B. 94.]
North C^arolina — ss.

At a Comieil, hcilden at the House oi' the Hon"' Edward Moseley
Esii"'" ill Chowan, on Monday the -T* day of 'December, An : Doin :
1705.

Present.
The Hon"» Thomas Cary Esq'^ Dep'^ Gov"- etc.
r Thomas Polloek ~\
Thp TrnnW" Samuel Swann t? rs t i t* tv,

^''^ ^''" j Jolin Arderne ^'^1 ^^^^"^^^ ^^P'

l^ Edward Moseley J
This Board taking into their .serious C^onsideration that whereas the
County of Bath, is now grown populous and daily enereasing, do he^-eby
think tit and it is hereby ordered, that three Precincts be erected in the
said County bounding as follows Viz' The Precinct of Pamptecough,
lying on the north side of Pamptecough River and beginning at Molines's
Creek, and westerly to the head of the river. The Precinct of Wick-
ham beginning at the said Molines's Creek, so including all the I^ands
and Rivers from said Creek to Matchepungo Bluff; and the Precinct of
Archdale taking all the south side of the said river, and at present,
including all the Inhabitants of Ncwse. And it is hereby further ordered
that every of the aforesaid Precincts shall choose two Members to sit
and vote in all succeeding Assembly's, pursuant to Act of Assembly.

1706.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.] "»

At a Vestry at the Chappel y* S"" Day of Jan'^ 1705[6.]

Present.
Co" Wm Wilkinson Mr John Blount

Cap' Thomas Luten M' James Long

John Ardern Esq"" M' Edward Smithwick

Wm Duckenlield Esq' M'' Nath' Chevin

Cap' Thomas Blount M' Wm Banbury.

It being debated whether the piiblick Account shall be examined Co"
Pollock being absent, who is appointed one of the Church Wardens.
therefore the Church Wardens who have served the Last year cannot
render in their Accounts, because one of them is absent as aforesaid and
so the accounts cannot be made up.

630 COLONIAL RECORDS.

Also debated the Payment of John Dicks for "Work abont the pulpit
the said Work not being finished, whether he shall be paid, l)efoi'e the
Work be done. He alledging that he conld not finish it for Want of
Nails & Boards.

And he brings an aoc* for his Work six pounds.

Ordered that John Dicks be paid one pound seventeen shillings nine
pence besides what he has been paid, and that he finish the work then
account with the Vestry.

Whereas several scandalous reports has been s]iread abroad in the gov-
ernment of the Reverend M'' Henry (lerrard of several Debauched jirac-
tices wliicli (if true) tends Jiighly to the dishonour of Almighty God and
the scandal of the church, it is debated whether lie be continued

Ordered that he continue in this precinct as a minister till the first of
May next in which time it is expected by the Vestry that he use his
utmost Endeavours to clear himself of these black Calumnies laid to his
charge, or else he may expect Dismission.

It's agreed that if Col Thomas Pollock refuse to serve as a Church
Warden he paying the Fine, shall be excused and Nathaniel Chevin
shall serve in his stead with Mr. John Blount as afi)resaid —

It is agreed by the Vestry Mr. (Ici-rard agreeing tliereto that Mr Ger-
rard shall once in two months be fetched over to the South Shore by a
Canoe and two hands from thence to begin the first monday in February
and so the first raonday in the month every two months, which men
shall be paid by the pulJic.

Ordered that Richard ]>ooth be paid three pounds towards the main-
tainance of an orphan child left destitute by Stephen Beston.

Ordered that the collector of each District in this precinct collect of
every Tythable in their and either of their Districts two shillings and
Six pence with power in case of refusal and the Church Wardens do
undertake for the faithful Collection and accounting for the Same in the
sum of fifty pounds sterling to be levied upon their goods and Chattels
in case of refusal.

[B. P. R. O. B. T. Proprieties. Vol. 29. p. 238.]

To the Queens most Excellent Majesty

May it please your Majesty

In obedience to your Majesty's order in Councill of the 20"" of the last
month, directing us to Enumerate to your Majesty the Several misfear-
ances, and Illegal proceedings of the Proprietary and charter Govern-
ments in America, in Prejudice to the Trade of this Kingdom, and your

COLONIAL RECORDS. 631

Majesty's Plantation.s; and the advantages and convcnioncies that may
arise by rodiiceing such Proprietary and Charter Governments under
your ]\Ia'^' more immediate Direction.

. We humbly rejjresent to your Majesty, That those Colonies in Gen-
eral] have no ways answered the chief design for which such large tracts
of Land, & such privileges and Lnmunities were granted by the Crown

That they have not Conformed them selves to the several acts of Par-
liament, for Regulating Trade and Navigation, to which they ought to
pay the same obedience, and submit to the same Restrictions as the other
Plantations, subject to your Majesty's immediate Government: On the
contrary in most of these Proprietary and Chai'ter (vizt Connecticut and
Rhode Island) Governments the Governors have not applyed themselves
to your Majesty for your Royal approbation & allowance of the said Gov-
ernors, nor have taken the Oaths required by the Acts of Trade : Both
which qualifications are made necessary by the late Act For preventing
Frauds and Regulating abuses in the Plantations Trade.

That they have assumed to themselves a power of making Laws con-
trary & rejiugnant to the Laws of England, and directly prejudicial to
Legal Trade.

That divers of them have denyed Appeals to your Majesty in Council
by which not only the Inhabitants of those Colonies, but others Your
Majestys Subjects, are deprived of that benfit enjoyed in the Plantations,
under your Majestys immediate Government; and the parties agrieved
are left without Remedy, against the arl)itrary and Illegal proceedings of
their Courts. That these Colonies are the refuge and retreat of Pirates
and Illegal Traders and the receptacle of Goods Imported thither from
Foreign parts, Contrary to Law, In return of which Commodities those
of the Growth of these Colonies are likewise Contrary to Law Exported
to Foreign j)arts; all which is much encouraged by their not admitting
Appeals as aforesaid.

That they give protection to soldiers seamen and servants that Desert
from other your Majesty's Plantations & do not deliver them up when
reclaimed, and do also give Shelter to Malefactors who make their
Escapes from other parts, without delivering them up when demanded,
and great numbers of the young men leave the Plantations under your
Majesty's Government where they are obliged to be industrious and pay
Taxes for the Support of the Publick Charge, and maintaining the war
against the French and Indians) and go to the Proprietary and Charter
Governments, and are there induced to settle, chiefly for that no taxes
are raised there for those necessary purposes.

That these Independent Colonies do turn the Course of Trade to the
promoting and encouraging Woolen and other Manufactures proper to

632 COLONIAL RECORDS.

England instead of applying their thoughts and endeavors to the Pro-
duction of such Commodities as are tit to be encouraged in those parts
according to the true design and intention of such Settlements.

That they do not in (ieneral take due care for their own Defence <fe
Security against an I^nemy, either in Building Forts or in providing
their Lihahitants with Sufficient arms and ammunition against an attack ;
which is eveiy day more and more to be ai)preliended considering how
the French power increases in those parts ; nur have some of them any
regular ]\Iilitia Established amongst them.

That these mischiefs chiefly arise from the ill use they make of the
powers intrusted to them by their Charters, and the Independency which
they pretend to, presuming that each Government is obliged only to
Defend its self, without any consideration had of their neighbours, or of
the general preservation of the whole.

That upon this Presum])tion they do refuse to furnish their Quota of
assistance (during the War) to the other Plantations under your Ma'^'
immediate Government, notwithstanding your Majestys repeated Com-
mands by your Royal Letters in this behalf

That under Colour and pi'etence of their Charter several of them try
Robberies, Murders and other Crimes; make Laws in Capital matters
and punish with Death without any Legal Authority for the same.

That they have refused to submit to your Majesty's and his Royal
Highness's Commissions of vice Admiralty, and for commanding their
Militia, and have defeated the powers given to the Governors of your
Majesty's neighbouring Colonies therein.

And whereas upon our several Representations of tiie great mischief
arising to your Majesty's Plantations by the dilferent value of coins,
your Majesty was pleased to issue out your Royal Proclamation for set-
tling and ascertaining the Current Rates of foreign Coins in all your
Majesty's Plantations in America. We did accordingly transmit to
the Several Colonies your Ma'^' said Proclamation and Commands that
the same should be put in strict Execution iii all parts ; Notwithstand-
ing which we have received Information from several of your Majesty's
Governors that many of the Proprietary and Charter Governments
have not complyed therewith. But that the People there have pro-
ceeded to reduce the coin by clipping to a lower value than before which
is allowed to pass at any rate in order to drain your Majesty's other
Plantations of their current money ; So that your Majestys commands
will bv such means remain ineflPectual untill the Several Colonies in
America be so regulated as to he brought under the same Directions and
Government.

COLONIAL RECORDS. 633

We take Leave further tu lay i^efiire yoiu- Majesty some particular
Misfearances of several of the said Charter (rovernments.

*******

Refer to the Charter Government of Mass Bay Rhode Island and

Connecticut.

*****

As to the advantages and Conveniences that may accrue by reducing
such Proprietary and Charter Governments, Wherein we are Directed to
oifer our opinion to your majesty, We liumbly conceive that from the
aforesaid Irregular and Illegal Proceedings it will be easily Judged of
what gretit benefit the reuniting to the Crown the Government of all these
Colonies will necessarily be to your Majestys other Dominions, by
the removal of those inconveniences and by the uniformity and more due
Regulation of Trade, by the good Correspondency that may be Estab-
lished thereby between your Majestys Several Plantations, and by the
Common and mutual Defence of all, as well as by the prevention of the
great and frequent oppositions that are made to Your Majestys laws &
government by which means y'' Majestys Empire in America which is of
so great an Extent will be better secured from the attempts of an Enemy
and become in all respects of greater advantage to this Kingdome, and
to your Majesty's Revenue arising from those parts

Which is nevertheless most humbly Submitted.

DARTMOUTH
Whitehall ROB CECILL

Janry 10"^ 1 70f PH : MEADOWS

WM BLATHWAYT
JOHN POLLEXFEN
MAT PRIOR

As to the Bahama Islands which l)y their situation are of very great
consequence to the Trade of this Kingdom, and Safety of the Naviga-
tion from the West Indies, We have made no mention of them in this
Report, for that the Proprietors not haveing been able to defend those
Islands, the Spaniards about 3 years agoe with a very smal force haveing
destroyed and ravaged the said Islands and Killed or Carried off' all your
ISIajesty's Subjects there, nor have the said Proprietors done any thing
for resettling the same.

76

634 COLONIAL RECORDS.

[B. P. E. O. Proprieties. B. T. Vol. 8. O. 51.]

SECRETARY C. HEDGES TO THE COUNCIL OF TRADE.

Whitehall, o* Aprill 1706.
My Lords and Gentlemen,

I send you by her Ma'^° Command the enclosed printed Copy of an
address of the House of Lords Concerning Complaints of many Inhabi-
tants of the Province of Carolina & Merchants trading thither, against
the Proprietors of that Province which you will please to consider of &
to report your Opinion what Method is proper to be taken for the Relief
of her Ma'^° Subjects in Carolina & the pi-otecting them in their just

Rights

I am

My Lords and Gentlemen

Your most humble Servant

C. HEDGES.
[Endorsed]

Rec* G'" April ) . -^.
Read 10"^ do f^'^^'

THE HUMBLE ADDRESS OF THE RIGHT HONOURABLE
THE LORDS SPIRITUAL AND TEMPORAL IN PARLIA-
MENT ASSEMBLED, PRESENTED TO HER MAJESTY ON
WEDNESDAY THE THIRTEENTH DAY OF MARCH, 1705.
RELATING TO THE PROVINCE OF CAROLINA, AND
THE PETITION THEREIN MENTIONED. WITH HER
MAJESTIES MOST GRACIOUS ANSWER THEREUNTO.
LONDON, PRINTED BY CHARLES BILL, AND THE
EXECUTRIX OF THOMAS NEWCOMB, DECEAS'D; PRIN-
TERS TO THE QUEENS MOST EXCELLENT MAJESTY.
1705.

Die Mercur" 13 Mart", 1705.

It is ordered by the Lords Spiritual and Temporal in Parliament a.s-

senibled, that the Lord Keeper of the Great Seal of England, do give

Order, that the address of this House, presented to Her Majesty, relating

to the Province of Carolina, and the Petition therein mentioned, with

COLONIAL RECORDS. 635

Her Majesties most gracious Answer to the said Address, be forth witli
printed and published.

Tlie huiubre address of the Right HonourabU^ the Lords Spiritual
and Temporal in Parliament assembled.

^ Die Martis 12 Mart", 1705

We your Majesties most dutiful and Loyal Subjects, the Lords Spirit-
ual and Temporal in Parliament Assembled, beg leave to inform your
Majesty, that a Petition from Joseph Boone merchant, in behalf of him-
self, and many other Inhabitants of the Province of Carolina, and mer-
chants of London trading thither, having been presented to this House,
complaining of very great Abuses and Oppressions under which your
Majesties Subjects in that Province do at present labour, and which tend
to the utter destruction of that Plantation, and particularly of two Acts
lately passed in the Assembly there, the Ratifications of which have been
signed and sealed in England by the greater part of the Proprietors of
the said Colony. We thought ourselves obliged to cause the said Acts
to be brought before us ; and having at the request of the Lord Gran-
ville, Palatine of the Province, and of the Lord Craven, one of the Pro-
prietors, heard Councel and Defence of the said Acts, and examined
Witnesses in Relation to that matter, the House proceeded to enter upon
a particulai" consideration of the two Acts : And it appeared to us, that
by the fit-st of the Acts complained of, a Commission consisting of
Twenty Laymen, was erected with Power in an arbitrary manner, to
remove & turn out any Rectors or Ministers of the Church of England
from their Benefices for any Immorality or Imprudence or for incurable
Prejudices or Dissensions between such Rectors or Ministers and their Peo-
ple, only by delivering a Writing to them, or leaving it at their Houses, or
fixing it upon the church doors, whereby it should be declared that they
ceas'd to be Rectors or Ministers of such Parishes. The other Act directly
asserts that by the Law of England, all Members of Parliament are
obliged to receive the Sacrement according to the Rites of the Church of
England; a^d does tlierefore enact, that no man who shall be chosen a
member of the Comons House of Assembly in Carolina, shall be per-
mitted to sit there, who has not received the Sacrement in such manner,
within a year before his Election, unless he will swear he is of the Pro-
fession of the Church of England, & did not abstain from tlie Sacre-
ment out of dislike to the Manner and Form of the Administration
used in the Church of England, and has not for a year passed been in Com-
munion with anv Church, that does not conform to the Church of Eno-

63(5 COLONIAL RECORDS.

land, but upon such Oath he shall be qualified to sit as if he had received
the Sacrement, as prescribed by the Act. Tiie Act does further provide,
that if any Member should refuse to qualify himself, as is thereby
directed, that there should not be a new Election, but he who had the
next number of Voices to such unqualified person upon the former Poll,
should be the member in his Place.

The House having fully and maturely weigh'd the Nature of these two
Acts, Tound themselves obliged, in Duty to Your Majesty, & in justice
to your subjects in Carolina (who by the express words of the Charter of
Your Royal Uncle, King Charles the Second, granted to the Proprietors,
are declared to be the Liege-People of the Crown of England, and to
have Right to all the Liberties, Franchises & Priveleges of English-Men,
as if they were born within this Kingdom, & who by the words of the
same Charter, are to be subject to no Laws, but such as are Consonant to
Reason, and as near as may be, agreeable to the Laws and Customs of
England) to come to the following Resolutions.

First. That it is the opinion of this House, that the Act of the As-
sembly of Carolina, lately pass'd there, and since sign'd and seal'd by
John Lord Granville, Palatine, fi)r himself, & for the Lord Carteret, and
the Lord Craven, and by Sir John Colleton, four of the Proprietors of
that Province, in order to the ratifying of it, entituled. An Act for the
Establishment of Religious Worship in this Province, according to the
Church of England, and for the erecting of Chiuvhes for the Publick
Worship of God, and also for the maintenance of ministers and the
building convenient houses for them, so far forth as the same relates to
the establishing a Commission for the displacing the Rectors or Ministers
of the Churches there, is not warranted by the Charter granted to the
Proprietors of that Colony, as being not consonant to Reason, repugnant
to Reason, repugnant to the Laws of this Realm, and destructive to the
Constitution of of the Church of England.

Secondly. That it is the opinion of tliis House that the Act of the
Assembly in Carolina, entituled. An Act for the more etiectual preserva-
tion of the Government of this Province, by requiring allfpersons that
shall hereafter be chosen Members of the Comons House of Assembly,
and sit in the same, to take the Oaths, and subscribe the Declaration ap-
pointed by this Act and to conform to the Religious Worship in this
Province, according to the Church of England, to receiv^e the Sacrament
of the Lords Supper, according to the rites and usage of the said Church
lately pass'd there, and sign'd an<l seal'd by John Lord Granville, Pala-
tine for himself and the Lord Craven, and also for the Lord Carteret,

COLONIAL RECORDS. 637

and bv .Sir John Colleton, tour of the Proprietors of that Province in
order to the ratifying of it, is founded upon falsity in matter of Fact, is
repugnant to the Ijaws of England, contrary to the Charter granted to
the Proprietors of that Colony, is an Encouragement to Atheism and
Irreligion, is destructive to Trade, and Tends to the depopulating and
ruining the said Province.

May it please your Majesty

We your Majesties most dutiful Subjects, having thus humbly pre-
sented our Opinion of these acts, we beseech your Majesty to use the
most effectual methods, to deliver the said Province from the Arbitrary
Oppressions under \yhich it no\v lies, and to order the authors thereof to
be prosecuted according to Law.

At the same time we represent to your Majesty, how much the Powers
given by the Crown have been abused by some of your subjects, justice
requires us to acquaint your Majesty, that it appeared to the House, that
some of the Proprietors absolutely refused to join in the Ratification of
these Acts.

We humbly beg permission to inform your Maiesty, That other great
injustices and oppressions are complained of in the Petition but the na-
ture of the Fact requiring a long Examination, it was not possible for
the House to find time for it so near the conclusion of the Session ; and
therefore we presume with all Duty to lay the Petition itself before your
Majesty at the same time we present this our address. We cannot doubt
but that your Majesty who from the beginning of your Reign, has shown
so great concern and tenderness for all your subjects, will extend your
compassion to these distressed People, who have the misfoi'tune to be at
so great a distance from your Royal Person, and not so inniiediately under
your gentle administration.

Your Majesty is fully sensible of what great consequences the Planta-
tions are to the Crown of England and to the trade of your Subjects and
therefore we rest assured, that, as yoiu* Majesty will have them all under
your Royall Care, so in particular, you ^vill be graciously pleased to find
out and prosecute the most effectual means for tiie relief of this Province
of Carolina.

To the Right Honourable the Lords Spiritual and Temporal in Par-
liament assembled.

The humble petition of Joseph Boone Merchant on behalf of himself
and many other Inhabitants of the Province of Carolina, and also of
several Merchants of London, trading to C-arolina and the neighbouring
Colonies of her Majesty in America.

Sheweth to your Ijordships,

638 COLONIAL RECORDS.

That the late King Charles the second by his Charter under the Great
Seal of England, bearing date the twenty fourth of March 1 663. Did grant
to Edward Earl of Clarendon, then Lord High Chancellor of England,
George, Duke of Albemarle, William Lord Craven, John Lord Berckley
and others their Heirs and assigns to make Laws for the good Government
of the said Colony, with the advice, assent and approbation of the Freemen
of the said Colony and the greatest part of them, so as the said Laws
may be consonant to Reason and as near as c(jnveniently be agreeable to
the Laws and Customs of England. But all these pi'iviledges with
others in the said Charter, are granted with an express saving of the
Faith, allegiance and sovereign dominion due to the King his Heir and
Successors, & saving the right, title and interest of English Subjects then
planted within those Limits if any be

That for the better peopling the said Colony express provision is made
in the said Charter for a Toleration and Indulgence to all Christians in
the Free exercise of their Religion.

That in the yeare 1669, the Lords Proprietors of the said Colony, set-
tled the Method of the Government of the said Colony in several arti-
cles which were called and so agreed to be, the Fundamental Constitu-
tions of the said Colony, whereby the said Colony Avas divided into four
Estates (viz) The Lords Pr(.>prietors or their Deputies, Landgraves Cas-
siques and Freeholders who are to make up their (ieneral Assembly or
Parliament, which is the Legislature of the whole Colony, the Lords
Proprietors or their Deputies being in the nature of Sovereign, the Land-
graves and Cassiques being the Nobility who have an Hereditary Right
of Session there, the Freeholders representing the commons who are to
be chosen by the Freeholders from among themselves by a Majority of
Voices.

That in the said Fundamental Constitutions there is an express Pro-
vision, that no person should be distiu'bed for any speculative opinion in
Religion, and that no person should on the account of Religion be ex-
cluded from being a Member of the General Assembly or from any other
Office of the Civil Administration, the greatest part of which Funda-
mental Constitutions and this Provision among others were in the yeare
1689. Confirmed by the Proprietors any every person to be afterwanls
admitted into any Office or Place of Trust, was to swear to the Observa-
tion of them.

That the said Charter being made soon after the time of the happy
restoration of King Charles the Second and the reestablishment of the
Ciiurch t)f Enoland bv the Act of I'niformitv, manv of the Subjects of

COLONIAL RECOEDS. 639

this Kingdom, who were , so unhappy as to have some scruples about con-
forming to the Rites of the said Church did transplant themselves and
Families into the said Colony; by means whereof the greatest part of the
Inhabitants there were Protestant Dissenters from the Church of Eng-
land, and through the equality and Freedom of the said Fundamental
Constitutions of the said Colony, all the Inhabitants there lived in great
peace, and even the Ministry of the Church of England had support
from Protestant Dissenters ; And the number of the Inhabitants, and
the trade of the said Colony daily increased, to the great improvement
of her Majesty's Customs, and the manifest advantage of the Merchants
and Manufacture of this Kingdom.

That in the year 1 703 when a new General Assembly was to be chosen,
which by the Constitution is to be chosen once in two years, the Election
was managed with very great partiality and Injustice, and all sorts of
people, even servants, Negroes, Aliens, Jews and Common sailors were
admitted to vote in Elections.

That the Ecclesiastical Government of the said Colony is under the
Jurisdiction of the Lord Bishop of London ; but the Governor, and his
Adherents, have at last, which the said Adherents had often threatened,
totally abolished it ; for the said Assembly hath lately passed an Act,
whereby Twenty Lay Persons, therein named, are made a Corporation
for the Exercise of several Exorbitant Powers, to the great injury and
oppression of the People in general, and for the exercise of all ecclesias-
tical Jurisdiction, with absolute Power to deprive any Minister of the
Church of England of his Benefice not only for his immorality, but even
for his impi'udence or incurable Prejudices and Animosities between such
Minister and his Parish ; and the only Church of England Minister that
is established in the said Colony, the Reverend M'' Edward Marston hath
already been cited before their Board, which the Inhabitants of that
Province take to he a high ecclesiastical Commission Court, destructive
to the very Being and Essence of the Church of England, and to be had
in the utmost detestation and abhorreiice by every man that is not an
enemy to our Constitutions in Chin-ch and State.

That in the said General Assembly another Act was passed to inca-
pacitate every Person from being a Member of any General Assembly,
that shoidd be chosen for the time to come, unless he had taken the Sac-
rament of the Lords Supper according to the Rites of the Church of
England, whereby all Protestant Dissenters are made Uncapable of being
of the said Assembly, and yet by the said Act all persons who will take
an Oath, that they have not received the Sacrament in any Dissenting

640 COLONIAL RECORDS.

Congregation for one year past, tho' they have not received it in the
Church of England, are made Capable of being of the said Assembly.
And we take the Liberty humbly to inform your Lordships, that in the
Preamble to the said Act it is asserted, that by the laws and usage of
England, all Members of Parliament are obliged to conform to the
Church of England by receiving the Sacrament of the Lords Supper ac-
cording to the Rites of the said Church, which Assertion is notoriously
and manifestly false That this Act was passed in an illegal manner by
the Governors calling the Assembly to meet the 26"" of April, when it
then stood prorogued to the 10"" of JNIay following, and yet this Act hath
been ratified by the Lords Proprietors here in England, who refused to
hear what could be offered against it, and contrary to the Petition of
above One hundred and seventy of the chief Inhabitants of the said
Colony, and of several eminent Merchants trading thither, and though
the Commons of the same Assembly quickly after passed another Bill to
repeal it, which the Governor rejected.

That the said Grievances daily increixsing, your Petitioner Joseph
Boone is now sent by many Principal Inhabitants and Traders of the
said Colony, to represent the languishing and Dangerous Condition of
the said Colony, to the Lords Proprietors thereof, but his humble appli-
cations to them have hitherto had no effect.

That the Ruin of the said Colony would be to the great disadvantage
of the Trade of this Kingdom, to the apparent prejudice of her Majesty's
Customs and the great Benefit of the French, who watch all opportun-
ities to improve their own settlements in those parts of Amei-ica.

Wherefore your Petitioners uiust hiunbly pray your Lordships to take
the deplorable State of the said Colony into your consideration, and to
provide such reliefe for it, as to your Lordships in your great Wisdom
shall seem proper

And your Petitioners shall ever pray &l:

JA. BALL JOSEPH BOONE

JOSEPH PAICE MICAJAH PERRY

STE: MASON DANIEL WHARLEY

RT. HACKSHAW THOMAS COUTTS

CHRISTO PROWLER JOSEPH MARSHALL

THOMAS BYFELD THO. GOULD

RENEN JOHN HODGKINS

NATHANIEL SORIANO CHRISTO BOONE
DAVID WATENBOUS.

COLONIAL RECORDS. 641

[B. P. R. O. B. T. J. 18.]

Whitehall April 10'" 1706.
A letter from M"' Sec. Hedges? of 3'*^ inst referring to the Board an
Address from the House of Lords to Her Maj. relating to Carolina and
desiring what method is proper to be taken for the relief of Her Maj
subjects there and protecting them in their just rights was read ^vhereupou
Ordered that the

[B. P. R. O. B. T. Va. 56.]

Aprill 19'" 1706.
Whereas this Board are informed that one John Lynington who pre-
tends to be Deputy Surveyor of North Carolina hath lately surveyed &
laid out severall parcells of Laud on the Southside of Nottoway river
and that severall persons Inhabitants of this Colony have made Entry
with the said surveyor for divers tracts of land as if the same were in
the province of North Carolina It is ordered that the Sheriif of Prince
George, Surry Isle of Wight & Nansemond County make publication
throughout their respective Countys that whoever hath or shall jjresume
to make any Entrys with the said surveyor for any lands on the Confines
of this Government shall receive no Benifitt by any such Entrys and
shall be further liable to be prosecuted with the utnjost severity for dis-
owning her Majesties title to the said lands and ordered that a letter be
prepared to be sent to the Deputy Governor of Carolina desiring him to
cause his surveyor to desist from surveying any land on or near the
Frontiers of this Governm' untill the Bounds betwixt the two Governm'*
be ascertained and that the like Directions will be given to the Surveyors
here.

77

642 COLONIAL RECORDS:

[B. P. R. O. B. T. Proprieties. Vol: 8. O. 60.]

M' ATTORNEY AND M' SOLLICITOR GENERALLS REPORT
IN ANSWER TO A LETTER WRIT THEM THE 12*''
APRIL LAST UPON AN ADDRESS OF THE
HOUSE OF LORDS TO HER MAJ-
ESTY RELATING TO
CAROLINA.

To the Right Hono*'' the Lords Commissioners for Trade and Planta-
tions.
May it please your Lord^"

In obedience to your Lord-s^^ commands signified to us by M'' Popple,
wee have perused the Address of the Right Hono'"'* the Lords spiritual
and temporal in Parliament assembled to her Maj*^ the 12* of March
last relating to the two lawes lately passed in y° Province of Carolina
and the copys we received from your Lordships of two Grants of that
Province made by King Charles the second to the Duke of Albemarle
and others, the one dated the 24*'' of March in y'= IS"" the other the 30*
of June in the l?**" year of his reign whereby is also granted to the Pro-
prietors for y° good and happy Government of that Province, powers to
make laws with the assent and approbation of the freemen there inhabit-
ing soe as such Laws be consonant to reast>n and as near as may be con-
veniently agrealile to y^ Laws mentioned in the said address not being
consonant to reason and being repugnant to the Laws of England are
not warranted by y° said Charter But wee are humbly of opinion were
made without any sufficient power or authority derived from the crown
of England And therefore doe not oblige or bind the Inhabitants of that
Colony and her Majesty may lawfully declare those Laws as to the mat-
ters therein contained mentioned in the said address to be null and void,
and command that the same shall not be put in execution or observed
And may also require and command the Proprietors and Assembly of
that Province by Act of Assembly to enact and declare the same to be
null and void, And wee are further of opinion that the making
such laws is an abuse of the Power granted of making laws and will be
a forfeiture of such power And that that power may be seized into her
Majesty's hands by scire facias in y^ Chancery on the Patents, or by Quo
Warranto in the Queens Bench if the I^aws were approved and confirmed

COLONIAL RECORDS. 643

by the present proprietors wliich doth not fully appear to have been soe

by the said Address.

All which is humbly submitted to your Lords'" great wisdom

EDW. NORTHY
SAM: HARCOURT

Mav 17"' 1706.

(Endorsed)
Rec-'21. May "I j^Qg
Read do j

[B. P. R. O. B. T. Proprieties. Vol. 8. O. 64.]

AT THE COURT AT WINDSOR THE lO"- OF JUNE 1706.

Present
The Queen's Most ExcelP Ma'^ in Councill
Upon reading this day at the Board a Representation from the Lords
Comni" for Trade and Plantations, upon an Address from the House of
Lords to Her Ma'^ concerning Complaints of many inhabitants of the
Province of Carolina and Merchants trading thither, against the Pro-
prietors of that Province. Her Ma'^ taking the same into consideration
is pleased to approve of the said Representation, and accordingly having
declared the Ijaws mentioned therein to be null and void; Doth hereby
order That for the more etfectuall proceeding against the said Charters
by way of Quo Warranto. M' Attorney & MJ" Solicitor Generalls do
inform themselves fully upon what may be most necessary for effecting
the same, and Re^jort the whole Matter, with their opinion therein to her
Ma''' in Councill with all convenient speed.
A true Copy.

JOHN POVEY.

Whitehall. June 13*'' 1706.
Copy of an Order in Council of lO"* inst upon a Representation of
24* of last month for repealing two Laws past in Carolina approving
the same and directing the Lords Proprietors to declare the said Laws

644 COLONIAL RECORDS.

Copy of another Order of Council upon a Representation of same
date directing M' Attorney <fe M' Solicitor (jrcueral to report to Her Maj.
what may be most necessary for proceeding against the Charters of Car-
olina by way of Quo Warranto was read .

Whitehall July 5*" 1706.
Copy of an Order of Council of 26"" of last month upon a Report
from M'' Attorney & M"' Solicitor touching the more effectual proceed-
ings against the Charters of the Provinces of Carolina and the Bahama
Islands leaving the consideration of the privilege of Peers therein con-
cerned to the determination of the House of Lords was read.

[B. P. R. O. B. T. Proprieties. Vol. 8. O. 70.]

AT THE COURT AT S' JAMES'S THE 26"* JUNE 1706

Present
The Queen's most Excellent Majesty in Councill.
Upon reading this day at the Board a Report from M"' Attorney and
M' SoUicitor Generall, in pursuance of her Ma'^' Order in Councill of
the 10"" instant, touching the more effectuall Proceedings against the
Charters of the Provinces of Carolina, and of the Bahama Islands, in
the nature of Quo Warranto's in her Ma'-^'' Court of Queens Bench pur-
suant to the Address of the Peers in Parliament made to her Ma*^ the
last session, And M' Attorney and M' Solicitor thereby representing,
that altho' they have not sufficient Materialls to carry on the said Prose-
cution to an end, yet they are sufficiently informed to exhibitt the said
Informations, and that the same are now preparing, and may be forth-
with filed, Biit at the same time offering at the Boai'd, whether the fileing
such Information against a Peer in Parliament, may not be thought a
Breach of the Privileges of Peerage, her Ma'^ having taken this matter
into consideration, and it being presumed, That the House of Peers are
the best Judges of their own Privileges, Her Ma''' with the advice of
Her Privy Councill doth not think fit to give any furtiier Directions
therein at present.

A true Copy

JOHN POVEY.
(Endorsed)

^■;}»"-Iulyl7,«.

COLONIAL RECORDS. 645

[B. P. R. O. B. T. Va. 58.]

AT A COUNCIL HELD AT THE CAPITOL THE 17'"
OCT 1706

Present
The Hono'''^ the President of tlie Council.
Whereas the Government of North Carolina do daily continue to make
encroachments in the Colony by surveying Lands far within the Reputed
bounds thereof. And whereas this Board are informed That Thomas
Bushby of the County of Prince George, And Henry Plumpton of the
County of Nansomond being men of great age and long acquainted with
those bounds can give a particular account of that Creek called Weyanock
which bounds that Government. It is ordered that a Commission be
prepared Directed to Major Arthur Allen M"' Francis Milner Lieu' Coll"
Tliomas Milner, Caj)t James Lockhart and M'^ Henry Jenkins, or any
three of them to take examination upon oath of the said Plumpton at
his House on the last Thursday of November and also to take the Ex-
aminations of such other persons as can give any evidence in Relation to
the said bounds And that a Commission do also issue to Benj" Harrison
Charles Goodrich, John Haman Robert Boiling jun'' and Frances Clem-
ents Gentleman or any three of them to take the examinations or oaths
of the said Thomas Busby at his house upon the first Tuesday in December
and also the Depositions of any other persons they shall think proper
evidences in Relation to the matter aforesaid and that notice thereof be sent
to the Deputy Governor of North Carolina that he may appoint such as
he shall think fitt to be present at the said examination on the part of
the Government

[B. P. R. O. B. T. Virginia. Vol. 12. N. 38.— Extracts.]

PRESIDENT & COUNCIL OF VIRGINIA TO THE LORDS
OF TRADE

.SO August 1 706
May it please Your Lordships,

I. It is the misfortune of this Country to be bounded on the South-
ward by a Proprietary Government and those concerned therein ai-e al-

646 COLONIAL RECORDS.

ways watching opportuuitys of extending there bounds to the prejudice
of this Her Majestys Colony. The bounds of Carolina has for a long
time been contested and some endeavours used from time to time to bring
that matter to an accommodation but no progress has yet been made
therein. The fresh encroachments made by that Government obliged
the Burgesses of the last Assembly to address the late Governor to have
the bounds laid out which had he lived we believe he would have en-
deavoured to oblige the Govennnent of Carolina to agree to and to bear
their proportion of that charge that must necessarily accrue thereon
All that could be done in the meantime was to write to the Governor of
Carolina to prohibit the like encroachments for the future untill the
bounds be settled as Your Lordships will see in the Council Journals
pag. 16 & 57. We shall only observe to your Lordships that while a
restriction continues on her Maj. land and at the same time the Proprie-
tors have land so near to be taken up on easier terms they will draw to
them many of the inhabitants of this Colony who would otherwise be
rather desirous to take land of Her Majesty.

y Lord^"' most humble & obedient Servants
E. JENINGS, Presid' JAMES BLAIR.

DUDLEY DIGGES. PHILL LUDWELL

BENJ. HARRISON. Win BASSETT

ROBERT CARTER. HENRY DUKE.

[B. P. R. O. B. T. Va. 58.]

AT A COUNCIL HELD AT THE CAPITOL THE

22"* OCT" 1706

Present
The Hono"''* the President of the Council.
Whereas Information is given to this Board that the Surveyor of North
Carolina doth not only lay out and Survey Diverse Tracts of Land within
the bounds of the Colony but also that he is now about Runing and Di-
viding Lines between the Government and Carolina beginning at the
mouth of Nottoaway River far within the Known bounds of this Colony
without any notice given to this Government of his proceedings And
that Capt Joshua Wynne of Prince Georges County and severall others
Inhabitants of this Colony have gone out as is Supposed) on pretence of
takeing up Land with the said Surveyor

COLONIAL RECORDS. 647

It is Ordered that Coll" Benj" Harrirson do as soon as may be give Di-
rections to such persons as he shall think fitt to go out and stop the said
Surveyor from proceeding any further in Runing the said ijounds or Sur-
veying any Ijands on this side of Weyauook Creek the Reputed bounds
of this Colony and for the better discovery of the place where the said
Surveyor is at present employed It is further ordered that the above
named Capt Joshua Wynne or such other person as Cap' Harrison shall
Discover to have been last out with the said Surveyor be summoned and
Required to attend the Gent to be appointed for stopping the said Sur-
veyor and to Conduct them to the place where he is.

[B. P. R. O. B. T. Virginia. 58.]

LETTER TO THE GOVERNOR OF NORTH CAROLINA

Virginia October 26"^ 1707. [6?!

S^

The frequent complaints made to the late Governor of this Colony and
to the Councel since his death, of encroachment made by the Officers of
yo"' Government on the Inhabitants here, have induced us to think of
some measures for ascertaining the boundarys between us and having
lately received Information of some aged men who have been long In-
habitants in the southern parts of This Colony and may thereby be pre-
sumed to be well acquainted with the bounds of both Governments the
Council have appointefl Comm" to take the Examinations of those persons
upon Oath, who will meet in order thereto at the House of Henry Plump-
ton in Nansimond County on the last Thursday of November and at M'
Thomas Busby at Prince Georges County on the first Tuesday of Decem-
ber next and as nothing more is intended by this Examination than that
the true bounds may be discovered in order to prevent Dispute for the
future I am to give yon Notice hereof that if you think proper you mav
appoint some Gentleman to be present on the behalf of the proprietors.
After which this Government will lay the whole matter before the Right
Hon*'' her Majestys principal Sec""^ of State and Lords Comm" for ti-ade
for further Signification of her Maj*^' pleasure therein in the meantime
as nothing will be acted on the part of this Government prejudicial tt>
the propi'iety of Carolina so we expect the like candour and fairness from
you and that any your Officers may not be permitted to disturb any that

648 COLONIAL RECORDS.

hold Lands bv Virginia patents, nor your Surveyors to run pretended
Dividing lines or make Surveys in the contraverted bounds until the said
bounds be by her Maj'^' Dii'ections and the mutual agreement of both
Governments finally adjusted and settled

Y' most humble servant

E. JENINGS

[B. P. R O. B. T. Va. 58.]

Whereas this board are informed that the Surveyor of North Carolina
hath lately made Diverse Surveys within the bounds of this Government
and that severall of the Inhabitants of this County have been deluded
by the Specious pretence of the said Surveyors and others out of a de-
sign of Creating to themselves a Title to Diverse Tracts of Land in
those parts under pretence of making Entrys for the same as under the
Government of Carolina, altho the said Government can't have the least
Shadow of Right thereto by any thing that appears from their charter For
preventing her Majestys subjects Inhabitants of this Colony from being
further imposed upon. This board hath thought fitt to publish & de-
clare that as they Conceive her Majesty hath Right to all the Lands lying
on this side of Weyanook Creek the utmost boundary of the Propriaty
of Carolina, and therefore all such persons as have made any Entrys or
Surveys or taken any patents from the Government of Carolina for any
Lands on the Nottoway or Meherine Rivers or to the Northward of the
said Weyanoak Creek are not to expect any benefit therby but that when-
ever the divideing Line between this Government and Carolina shall be
run and Leave given for takeing up the Lands in those parts, all such
P2ntrys will be so far from giving them any preference that such persons
as iiave taken the same will rather be excluded from the benefit thereof
as having justly forfeited the fiivour of the Government by Disclaiming
as far as in them lyes her Majestys Title to those Lands and ordered that
Publication hereof be made in all Churches Chappells or Courthouses on
the South side James River and that the Respective Sherifts take care
the same be done Accordinglv.

COLOJNIAL KECOliDS. iiVJ

[B. P. R. O. B. T. Va. 58.]

North Carolina v" IS''' Novemlier 1706
Hon"" S'

Yours of the 26"' of October came to my hantl '^ the Bearer late last
night. I assure you there is no thing less intended by this Government
than to make any encroachment on her Majestys Government of Vir-
ginia so that if any Error hath been Committed by any of the Officers
It is without either our Knowledge or Direction. I will speedily lay
the matter before her Maj'^' Council for that Province and with their
advice will take all necessary care in this affair whereof you shall have
account with all speed from

S'' your most humble servant

W GLOVER.

North Carolina December 10"" 1706
Hon"" Sir

The shoi'tness of the time between the receipt of your Letter and the
Time appointed for the Examining of the Evidences therein mentioned
together with the badness of the weather hindered our having some per-
sons at the times and places; I therefore desire you to favour me with
Copys of the Depositions that were taken in that matter. I have also
with the Advice of the Council thought necessary to examine some of our
ancient Inhabitants on the same questions and have appointed the 8"" of
January next at the House of Edward Moseley Esq"^ in Chowan where
if you think fitt to appoint any persons to be present they shall be very
kindly rec*. If not I will carefully send you copies of the depositions
I am Sr vour humble servant

W GLOVER _

[Records of Perquimans Pkecinct Court.]

Pequimins — ss Att a Court held att the House of M" Dennis JNIac-
clendon the 6"" day of Jan^ Anno D"' 1705-6
p'"sent
Francis Foster
Cap'" James Coles
The Worp" Willm Bartliffe )■ Esq" Justices

John Stepney
Dennis M'^lendon
78

650 COLONIAL RECORDS.

A Deed of Sale from Arthur Carlton to Gilbert Goodale acknowl-
edged in Court & ordered to be recorded.

A power of Attorney from Catharine Carlton to Cap' John Stepney
proved in Court liy the oath of Thomas Snoden & Ordered to be re-
corded.

Rebekah Baily Comitted & now in Custody of the Marshall for the
unlegally receiving Six pair of Buttons of the Estate of M'' Thomas
Peterson of A certaine Negroe Woman belonging to WilliB Glover Esq'
confesses the Same.

Ordered That the Sd Rebeka Baily be punished by receiving five
Strokes on her bare back And upon the Sd Rebekah Bailyes Submis-
sion.

Oi'dered that she be remitted from the abovesd Order

A Deed of Sale from Francis Tomes Sen to Thomas Pierce William
Bogue Isaac Wilson & Gabriell Nuby acknowledged in Court & Ordered
to be recorded.

A Deed of Sale from Francis Tomes Sen. to John porter Esq''
acknowledged in Court & Orderd to be recorded.

A power of Attorney from John Porter Esq' to Isaac Wilson prov'd
by the Oath of Caleb Caleway & Orderd to be i-ecorded.

A Will of Joseph Pierce pi'ovd by the Subscripcons of Timothy
Cleai'e Thomas Wensloe Timothy Wensloe.

Isaac Wilson by his Subscripcon proves Rights to Twelve Hundred
acres of Land by the Importacon of Mary Boasman Eliz: Boasman
John Morris Rich^ Ruck man Negroe Phebe Indian Mall Negroe Patt
Negro Maria James White 2 Anne Barker George Baits 2 my wife Re-
bekali Ratclitfe George Rice Rich* Gove Simon Alderson Joseph Canerle
Rich* Turner W" Barnstable John Hooks Isaac Ricks & Abraham Ricks.

Upon Peticon of Ralph Boasman praying to prove Eight Rights is
admitted & proves Rights to Four Hundred acres of Land by the Im-
portacon of himselfe 8 times for liis wife for Eliz : Boasman & 3 times
for Sam^ Boasman.

A Power of Attorney from John Cartwright to Arnold White provd
by the Oath of Arthur Carlton & Ordered to be recorded.

A Deed of Sale from Arnold White Attorney of John Cartwright to
Arthur Carlton acknowledged in Court & Ordered to be recorded.

Upon Peticon of Sam' Bond praying to be admitted to prove Eight
Rights is Admitted & proves Rights to Fonr Hundred acres of Land by
the Importacon of Sam' Bond Eliz : Bond Mercy Bond Susannah Bond
Eliz: Bond Mathew Potter Sarah Johnson & Luke Grace.

COLONIAL RECORDS. (lol

Sam' Charles p'sents Nathaniel Nicholson overseer of the High Wayes
in his Room for the year Ensuing,

Orderd That he be thereunto Inipowered by A Warr' to him directed.

Calel) Caleway p""sents Jolin Wyatt overseer of the Higli waves in his
Room for the year Ensuinge,

Orderd that he be thereunto Inipowered by A Warr' to him directed.

By A Reference from the last Court John Hopkins Comes to prosecute
his Suite ag' Andrew Rosse & Rich'' Leary Execut" of the last will &
Testam' of Cornelius Leai'v Deced in A Plea of Debt & Complaines for
four pounds & Ten Shillings in Clean Drest fresh Porke And John Nor-
com Attorney of Rich'' Leary appeares And for plea Sayth that the Bill
is not 2^rovd according to Law & prayes A Nonsuite And the Sd Bill
being provd by the Oath of Thomas Norcom,

Orderd That Rich'' Leary Execut' &c pay the Sume of four pounds &
ten shillings in Clean Drest fresh porke with Costs als Exo.

An Assignm' of A Deed of Sale from Arthur Carlton to Gilbert Good-
ale acknowledged in Court & Orderd to be recorded.

Rich'' Davenport Comes to prosecute his Suite ag* Thomas Clarke in
an accon upon the Case & declares for Three pounds Five Shillings & Six
pence

And the Def by Cap'" James Coles his friend prayes a Reference to
the next Court which is granted.

A Deed of Sale from John Parrish to John Nul)y acknowledged in
Court & Orderd to be recorded.

Upon Peticon of James Nuby praying to prove Six Rights is Admit-
ted & proves Rights to Three Hundred acres of Land by the Importacon
of John Nuby Magdalen Nuby John Nuby Eliz: Nuby & James Nuby
2 & assigues the Same in open Coint to Isaac Wilson.

Upon Peticon of Sam' Bond praying to prove Three Rights is admit-
ted & proves Rights to t)ne Hundred & Fift\- ac-res of Land by the Im-
poitacon of Heniy Grace James Hurt & A\"illiam Bruing, & asslgnes the
Same in open Court to Isaac Wilson.

Rich** Houghton Comes to prosecute his Suite ag' Henry Norman in
an accon upon the Case & Complaines for Two pounds Seventeen Shill-
ings & Eight pence And the Def Came not And the pP ])raves an At-
tachm' ag' the Def's Estate which is Granted.

Rich'' Houghton produces an ace' ag' Henry Norman for the Sume of
Two pounds Seventeen Shillings & Eiglit pence & proves the Same by
his Oath.

652 COLONIAL RECORDS.

Rieh** Houghton produces An Ace' ag' Rich'' Leary for the Sume of
Three pounds & Ten SlilUIngs & proves tlie Same by his Oath

FFRANCIS FFOSTER
J A-" COLES
WILLIAM BARCLIFT
JOHN STEPNEY
DENNIS MACCLENDON

Pequimins ss Att a Court hekl att the House of M" Deborah Mac-
clendon the 9"' Day of, July Anno Dni 1 706
p'sent The Worp" Cap'° James Coles ^

Thomas Ijong t? rs t a-

T Q xi. L.< Esq Justices

Josep butteii Sen ^

Willm Long J

The Courts Commission published the above Members take & Sub-
scribe to the Oaths appointed by Law upon Peticon of Hannah Maudlin

Orderd that 1"' of Administracon be Granted to the Peticon"" as near-
est of kin to the Estate of Ezekiel Maudlin & that the same be apprised
by Lawrence Megue Sam' Phelps Fi-ancis Beesley & Joseph Sutten,
Sutten Jun & that an Inventory thereof be returnd to the next p'cinet
Court.

A Deed of Sale from Francis Wells to Gabriel Nuby & Orderd to be
recorded.

A Deed of Sale from David Harris to Daniell Jones & Elizabeth his
wife relinquishes her Right of Dower to the land specified in the s**
Deed.

An Assignm' of a Deed of Sale Acknowledged in Court from Tho:
Snoden to John Flowers Jun.

A power of Attorney from Constance Snoden to Tho: Snoden provd
by oath of Willm Long.

Thomas Portis arrested to answer the CompP of John Clarke Attorney
of Rob' Montfort Attorney of Willm Bird Esq' for the sume of nyne
pounds by Bill and the pi' came not.

Orderd that the accon be dismist & the pi' pay Costs a'^ Ex".

Upon Peticon of James Morgan & Jane his wife

Orderd That Nathaniel Nicholson be one of the apprisors of the Estate
of John Anderson dec'' in the stead & room of Dennis Macclendon dec''

Thomas Houghton arrested to answei' the Compl' of Francis Beesley
in a Plea of- the Case for one pound two shillings & Six Pence by ace'
and the Def prayes a reference to the next p''cinct which is Granted

Orderd that Ralph Boasman be Constable for the year Ensuing & that
he be att the next p'cinct Court to take the Oaths appointed by Law.

COLONIAL RECORDS. 653

Sara' Phelps p''sents John Pricklove Overseer of the High Wayes for
the year Ensiiinge.

Orderd that he be thereunto Impo\vered by a warr* to him directed.
A Power of Attorney from Peter Baudry to Thomas Snoden prov'd
in Court by the Oath of Williu Long & Ordered to be recorded.

A Power of Attorney from John Clarke to Thomas Snoden prov'd by
the Oath of John Falcon'

Orderd That John Parisli Francis Beesley <& Sam' Phelps be packers
for this p'^einct & that they be Limitted as followeth viz' That
John Parish be packer from the Head of Little River to the mouth
thereof & Soe round up Pequimins River to Lillyes Creek And That
Francis Beesley & Sam' Phelps be packers for the remainder of the
p'cinct & that the afores^ Packers be & repair to the next p'cinct Court
& there take the Packers Oath appointed by Law.

Orderd That Sam' Phelps keep the Toil Booke att the Head of Pe-
'quimins River & that he be & appear att the next p''cinct Court to take
the Oaths appointed by Law.

Orderd that this Court be adjourned till the 2'' Tuesday in Atigust
next Ensuinge to the House of James Thickpen in Pequimins River &
That all process be directed thereto.

J A- COLES

his
THO : I LONG
marke
his
JOSEPH X SUTTEN
marke
his
WILLffi W LONG
marke

Pequimins ss att a Court held att the House of James Thickpen in
Pequimins River the 8"" day of Octob"' Anno Dni 170G
p''sent
The worp" James Coles 1

John Stepney |

Tho: Long [ P]sf(''' Justices

Joseph Sutten Sen |
Willm Long j

Rich"* Leary Deputy Marshall of this p'cinct takes & Subscribes to the
Oaths appointed l>y Law.

Upon Peticon of M"^ James Minge praying to be admitted to prove
Rights is admitted & proves Rights to one Thousand Acres of Land by

654 COLONIAL RECORDS.

Importacon of James Minge Six times Ruth Minge Thrice Robin A
Negro Four times Bob : Sam : Sue ; Jane : & Doll Sam & Voll

Rich'' Turner by his Subscripcon proves Rights to Four Hundred &
Fifty acres of Land by the Importation of Rich* Turner Thrice his wife
Bridgett Turner William Barnstable 2 Elizabeth Turner John Turner
and John Hooks.

Hannali Maudlin Administratrix of the Estate of Ezekiel Maudlin
dece'^ produces an Inventory of the S** Deceds Estate & in Court makes
Oath to the Same.

Sam' Charles by his Subscripcon proves R** to Two Hundred acres of
Land by tlie Importacon of Charles Scott Mary Scott Eliz : Scott & Mary
Scott

A Deed of Sale from Will" ^^'hite & Anne his wife to Will" Long-
Assignee of Peter Baudry acknt)wledged in Court & Orderd to be re-
corded.

Rich'' Skinner makes oath upon the Holy Evangelist that he Stands in
bodily fear of a negro calP Dick belonging to M"* Joannah Jeferyes.

Orderd That the Marshall take into his custody the s'' Negro Dick un-
till the s** Joannah Jeifereyes become bound with good Security for the
s"* negroes good abearance to all her Ma"''" Liege people & especially to
Rich"* Skinner.

Will" Felts makes Oath That he Stands in IxKlily fear of A Negro
Calld Dick belongiuge to M™ Joannah Jetferyes.

Orderd that the marshall take into his Custody the S** Negro Dick un-
till Joannah Jeferyes shall become bound with good & Sufficient Security
for the S'' Negroes good abearance to all iier ISIa"^' Liege people & espe-
cially to Will" Felts.

A power of Attorney from Rob' Douglass & Anne liis wife to Thomas
Snoden prov'd in Court by tlie Oath of Will" Long & Orderd to be
recorded

A Deed of Sale from Rob' Douglass & Anne his wife by Tiio: Snoden
tlieir Attorney unto Edw** Berry acknowledged & Orderd to be recorded.

A power of Attorney from Mary Berry to Edw'' Berry her husliand
prov'd by the Oath of Will" Long & Orderd to be recorded.

An Assignm' of A Deed of Sale from Edw'' Berry to Peter Jones ac-
knowledged in Court & Orderd to be recorded.

And Edw** Berry Attorney of Mary his wife relinquishes lier Right
of Dower of in & to the Land Speeifved in the S** Deed

An Inventory of the Estate nf John Aliderson deced })rov'd in Citurt
bv the Oath of James Morgan.

COLONIAL RECORDS. 655

Ralph Boasman ajipointcd Constable in this p'cinct takes the Oath ap-
pointed by Law.

Elizabeth Fitz Garrett convict before this C'ourt of" the Breach of an
Act of Assembly Intitled Serv' women having bastard children for that
she the s* Elizabeth being Serv' to Thomas Speight hath in her Servitude
a Bastard Child born of her Body, c(jntrary to the ten'^ of the S* Act &
the S"* Elizabeth Confeses the Informacou.

Orderd That the s'* Elizabeth Fitzgarrett Serve Thomas Speight two
yeares over & above the time she is to Serve according to the Ten'' of the
s* act of Assembly.

Ordered that an Infant ncjt l)ai)tised begotten by John Morly upon the
Body of Elizabeth Fitz Garrett Serve Thomas Speight his Heires & as-
signes for & during & until he shall attain to the Age of Twenty one
yeares.

Francis Beesley by a Reference from the last Court comes to prosecute
his Suite ag' Thomas Houghton for the Sume of Twenty two Shillings
& Six pence and the Def came not and the pP proves his ace' by his
Oath.

Ordered that Thomas Houghton pay to Francis Beesley the Sume of
Twenty two Shillings & Six pence with Costs als Exo.

Upon Peticon of Sam' Phelps,

Orderd That Francis Beesley pay to Sam' Phelps the Suiue of Five
Shillings as Evidence for his attendance in behalfe of the Sd Francis ag'
Thomas Houghton.

Sam' Herst comes to prosecute his Suite ag' John Flowers Jim for the
Sume of Twenty five Shillings And the Def Came not.

And the pi' prayes an Order ag' the Marshall.

()rderd that the Marshall have the Bfuly of the Sd John Flowers Jun
to the next p''cinct Court als Judm' to be Confirmed ag' the Marshall

Rich'* Lerry Marshall prays an Attach m' ag' the Estate of John
Flowers Jun which is granted.

John Hopkins Conres to prosecute his Suite ag' Thomas Houghton in
A plea of Debt & CV)mplaines for the Sume of three pounds four Shil-
lings & Seven pence in good Merchantable fresh jjorke by Bill And the
Def Came not

And the pi' prayes an Attachm' ag' the Def" Estate which is granted.

John Hopkins comes to prosecute his Suite ag' Thomas Houghton in
A plea of the Case & Complaines for the Sume of Three pounds Nyne
Shilling & four pence by ace' And the Def Came not And the pi' prayes
an Attachm' ag' the Deft' Estate which is Granted.

(i5(i COLONIAL RECORDS.

A Bill from Thomas Houghton to John Hopkins for the Sume of
Three pounds four Shillings & Seven pence prov'd by the Oaths of Tho :
Snoden & John Bennett.

John Hopkins produces an ace' ag' Thomas Houghton for the Sume
of Three pounds three Shillings & three pence & proves the same by his
Oath.

Richd Davenport Comes to this Court & Saith he is Justly Indebted
unto Tho: Snoden Sen the full & Just Sume of Twenty Six Shillings &
Eight pence and Confesses judgm' for the Same.

Orderd That Rich'^ Davenport pay unto Tho : Snoden Sen the sume
of Twenty Six Shilling & Eight pence with Costs of suite als Exo.

Ordered that Thomas Norcom be overseer of the High ways in the
Room of Henry Norman & that he be thereunto Impowered by a warr'
to him directed.

Ordered That James Morgan Jun be Overseer of the High wayes in
the Room of Walter Tanner & that he be Impowered thereto by a warr'
to him directed.

Sam' Phelps & Francis Beesley appointed Packers for this p'cinct
refuse to take the Oath appointed by Law.

Sam' Phelps appointed keeper of the Toll Booke for the p'binct of
pequimins takes the Oath appointed by Law.

Orderd That Edw"* Wilson be constable in the Room of John Dav-
enport tor the year Ensuinge.

JOS: t'sUTTEN SEN JA" COLES

marke

WILLm^W LONG JOHN STEPNEY

marke

THO : ^f LONG

marke

[From the M8S. Records of the Friends Monthly Meetings in Pasquotank

Precinct.]

At a Monthly ^Meeting the 4'" of 5'" Month 1706 at y^ House of Ca-
leb Bimdy, the s* Caleb Bundy requested the approbation of the Said
Meeting Concerning the Building of a Meeting House between his House
and William Brothers's Creek to which Friends unanimously agreed that
it should be left to the Discression of the aP'' Caleb Bundy Stephen Scott
& Henry Keton to choose a proper place and also to go through with the
Building of the said Meeting House

COLONIAL RECORDS. 657

1707.

[B. P. R. O. B. T. Va. 58.]

To W" Glover Esq' Virginia Janitary 4"> ITO-f

Sir.

I have just now received yours of the 10"" of fast month and should
have been glad to have sent you the Copys of the Depositions desired but
tiiey are not yet I'eturned to the Council Office. Time is now so short
that it is impossible for me to send proper persons to attend at the Ex-
aminations of your Evidences which you say is to be the lO"" instant.
And therefore I doubt not you will let me have a copy of their Deposi-
tions with your conveniency and after the next meeting of Council (when
I expect to have the Depositions of our Evidences returned) I shall
endeavour to answer your desire more fully in Relation to them. I am
S" your most humble Servant

E JENINGS.

[B. P. K. O. B. T. Va. oS.J

LETTER TO THE VIRGINIA COUNCIL

North Carolina June 17"" 1707
Hon*" Gent :

We received yours containing the complaints of the Maherine Indians
pretending encroachments made on them by the Inhabitants of this Gov-
ernment &c Upon consideration of which we thought we could not better
answer yours than by sending you the true state of that matter being
always as willing to give all reasonable satisfaction concerning our proceed-
ings as Zealous to assert the undoubted Right of the Lords proprietors
and her Majestys Subjects of this Governments Of a long time before
the memory of man the Lands on the Southside of that River which is
now called Maherine were in the Rightfull pos.session of the Chowanoake
Indians by Virtue of a Grant from the Yawpin Indians and no other
Indians (as plainly appears by successive accounts of that Nation by
Original Writings and undoubted evidences) has had any Right to any
Land there to this day and when first the L(jrds Proprietors of Carolina •
79

658 COLONIAL RECORDS.

by Virtue of their Charter from his late Majesty King Charles the 2^
took possession of this province that nation submitted themselves to the
Crown of England under the Dominion of the Lords proprietors and
continued peaceably till about the year 1675 about which time by incite-
ments of the Rebelious Indians of Virginia who fled to them they com-
mitted hostility upon the Inhabitants of this Government in Violation
of their Treaty Whereupon by virtue of the Authority for making peace
and Warr granted to the Lords proprietors by their Charter, open war
was made upon the said Indians in prosecution whereof (by Gods assist-
ance thougli not without the loss of many men) they were vyholly sub-
dued and had Land for their habitation assigned them where they
remained to this day so that all the tract of Land on the Southside of
the Maherine River was at that Time resignt^d into the immediate pos-
session of the Ivords Proprietors of Carolina as of their province of Car-
olina and has been jjeaceably by them held without any Claime now
thirty years during which Time the Maherine Indians removing them-
selves from their ancient place of habitation (where by Virtue of a
Treaty with Commissioners appointed by his late Maj'^ King Charles 2"*
they were settled) placed themselves at the mouth of the Maherine
River on the North side and a great part of the Tract of Land
on the southside lyeing wast some of their straglers planted corne
and built Cabbins on the Chowanacke old fields and continued more
and more to make their Incroachments till they became an Intoler-
able annoyance to her Majestys subjects Commiting Repeated Injurys
upon their stocks and makeing frequeut aifrays upon their persons as far
as Moratuck River for the necessary Redressing of which growing In-
croachments and preventing worse mischiefs which is daily threatened
and Reasonably feared, the Government here (and which was the least
that they in discharge of their duty could do) held a treaty with the
Chiefs of the said Indians and instead of insisting upon satisfaction for
the wrongs already done were content to make only necessary provision
for the security of her Majesty's subjects for the future. In order to
which it was concluded that the stragling and vagrant Indians of that
Nation should remove to their toMii on the North side of the River that
towne they should peaceably enjoy for a certaine tribute which was as we
believe the first title that ever they had to it for their treaty with the
Comm" aforementioned gives them no more right to the Land whereon
they now dwell than it would do to Land on the Northside Potomack or
the southside of Cape Feai'e if they should remove themselves to either
of those places : and it seems to us yet more advisable and would tend

COLONIAL KECORDS. 659

more to lier Majestys service and present settlement as well of Virg"
as of this Province that they in force of their said treaty and for preserv-
ing of their Right to their Majesty's protection by virtne of it shonld be
compelled to return to the place of their former habitation, than that they
should be suffered to possess the mouth of a navigable River considering
how they have hitherto behaved themselves which we seriously Recom-
mend to your Consideration noe need to Relate to you our Reasons for
makeing the Maherine River the bounds who are all very well acquainted
with y" Indians planting Corne without fence so that no English can seate
near them without danger of trespassing by their Cattle and Horses and
which y" Indians and especially that Nation are very readv to Revenge
without measure, so that the Question is not between the Right of I^ewis
Williams and ye Maherine Nation but whether near a hundred familys
of her Majty's subjects of Carolina should be disseased of their freehold
to lett a few vagrant and Insolent Indians rove where thev please with-
out any Right, and Contrary to their Agreement besides we have always
thought it necessary that the Indians should live together in towns where
all their young men may be under the immediate inspection of their own
Govern" to prevent their private mischiefs that may be more easily done
and concealed in single and separate familys Your proposition concern-
ing further settlement We in all friendship reed, but because of the un-
certainty we could not proceed to make any order or proposition in an-
swer to it till by the Copys of the Depositions to be taken on your behalf
which we hoped to receive we might have certain Information how far
the Contraverted Grounds was extended to us ward we knowing no
bounds to Carolina but Weyanoake River till further informed intend-
ing no further to enter into that Controversie but only to Represent the
Case to the Lords Proprietors in order to their laying it before her sacred
Majesty Seeing no cause to doubt of the success in so clear a Case. To
this we add that Lewis Williams can't be called any new settlement for
he had Right to that Land some yeares agoe And he has been hindered
settleing by those Indians Avho have dallyed with this Government from
time to time by promise to Depart and at last being called to shew reason
of their Delay they only could alledge that they had cleared some ground
for which they desired satisfaction and Williams being willing to be in
peaceable possession of his Land at any Rate Condisended to pay them
a horse and fifteen bushells of corne which was all they at that time de-
sired & the Greatest part tbey have received and ye Remainder has been
tendered but upon their Return from Virginia they have Refused to re-
ceive the Remaining part and made a barbarous assault upon him in his

660 COLONIAL RECORDS.

own house so that his Life is doubted of and his family in Danger of
further trouble from which we believe it oiii' Duty to rescue him for we
can't interprett your Propositions to mean that in the mean time any of
her Majestys subjects should be left to the merciless insults of savage
people but that every one in the Respet-tive Governments as they are now
deemed should quietly enjoy their propertys till the matter be determined
to which we readily assent and as soon as •we know how far you do
claime shall take all necessary order in it

We have sent you inclosed Copys of such Depositions as we have
taken relateing to the bounds and desire you will send us those that have
been taken by you according to your promise. We are

Your humble servants
EDWARD MOSELY W GLOVER
FRAN: FOSTER SAMUEL SWANN

North Carolina ss.

Before me Edward Mosely Esq" one of the members of the Council
and Authorised to take the Depositions of certain persons relateing to the
boundarys of this Government Personally Came and appeared Chaides
Merritt aged fifty five years or thereabouts, Who on his Oath on the
Holy Evangelists taken saith that he Came into Virginia in or about the
year 1666. And lived about twenty yeares on the south side James River
and then lived on A Plantation of Coll" Benjamin Harrisson on Black-
water and within call of the Weyanoake Indian Forte and consumed
there five yeares during which time this Deponent had frequent Discourses
with the Indians and was by them informed that they never Claimed to
the Southward of the Maherine River But at the time that the Appachou-
kanough was Routed and taken for the Massa'cre he had committed the
Weyanoakes (being his Confederates and fearing the English) removed
themselves from that place which is now called Weyanoake in James
River to Warraekeeks on Weyanoake River and after when the Poackyacks
killed their King they were by the English brought from thence and
placed on the Blackwater aforementioned as Tributarys. where this De-
ponent lived by them and this Deponent further saith that he was in-
formed by the Weyanoaks that the Weyanoke River now Called Notto-
way was their bounds and that they never Seated to the Southward of
Warr-a-keeks

Capt at Jurat Duodecimo the mark of

die J""^ Anno Domi 17U7 CHARLES P MERRITT.

Coram me Edwd Moseley

COLONIAL RECORDS. 661

North Carolina ss.

Before me Edwiinl Mos(>ley P>(i'' one of tlu^ ineinhei> of the Council
und heinu authorised to take the Depositions of Certain persons Relate-
ing- to tile Ixiundarvs of tiie (Jovernment personally eaiue and appeared
John Smyth aijed sixty two yeares or thereabouts borne in Newport
Parish in the Isle of Wi<;ht Couty ab' fourteen miles from Blackwater
River who on his Oath on the holy evangelists taken saith that he lived in
Newport ^larisli till the year one thousand six lauuh-ed seventy three or
thereabouts at which time this Deponent eame and lived about five miles
oflf Blackwater and about thirty miles off Weyanoake River which was
alwavs in this Deponents memory Known to be the first River on the
Right hand as you go down Blackwater till within these twenty years or
thereabout the Nottoways comeing to live nearer the River than they
used to do and the Weyanoakes being all declined it Gained the name of
Nottoway and this Deponent further saith that he never knew or heard
of any other River that was Called ^\'eyanoak except the abovesaid by

the Virginians latelv Called Nottowav

JNO SMYTH
Capt and Jurat Vicessimo
primo die Januar anno 1707

Coram me Edw* Moseley

North Carolina ss.

Before me Edward Moseley Esq' one of the members of the Council
and being Authorized to take the Depositions of Certain persons relateing
to the boundarys of this Government, personally Came and appeared
Rich'^ Booth aged sixty three years or thereabouts who on his Oath on
the Holy Evangelists taken saith that in or about the year 1661 this De-
ponent came into Virginia and served Major Merritt six years (who then
lived about Twenty miles from the Weyanoake Indian Town the Weya-
noks living very near a plantation that now belongs to Coll" Harrison
betwixt Blackwater River & Weyanoake River which Weyanoake River
by reason of the Declension of the Weyanoake Indians and the Notto-
way Indians removing nigher to it has since in this Deponents memory
gained the name of Nottoway River by the Virginians) And this Depo-
nent further saith that in the year 1667 he being employed by one Wil-
liam West to go in a Canoe with Certain goods &c to the Maherine In-
dian Towns one Jno Browne and a certain Weyanoake Indian called
Tom Frusman being in the Canoe with him as they went down Black-
water River this Deponent then being a Stranger in those parts any other
than by hearesay enquired what river that was they first mett with on

662 COLONIAL RECORDS.

their Right Hand they answered it was Weyanoake and Opposite to the
Rivers month was a Held belonging to the Weyanoakes it being then
about one of the Clock in the afternoon this Deponent enquired how far
it was to Maherine River they answered they should gett there before
sun down which they did accordingly whereby this Deponent Computed
it was about thirteen miles by Water and this Deponent furthei- saith that
he never understood that the Weyanoake Indians ever lived to the South-
ward of that River

Capt et Jurat Decimo RICH^ BOOTH.

die Januar'' Anno 1707

Coram me Edward Mosei.y

North Carolina ss.

Before me Edward Moseley Esq"" one of the Council and being author-
ized to take the Depositions of Certain persons relateing to the boundarys
of this Government.

Personally Came and appeared -hio Browne aged sixty eight yeares or
thereabouts who on his Oath on y" iioly evangelist taken saith that in
the year 1659 or 60 he this Deponent came into Virginia and lived in
Henrico County some years and then came to live on Blackwater River
and that at that time this Deponent understood and was informed that the
tirst River (as they went down) on the Right hand was Weyanoake River
And this Deponent further saith that he never lieare<l it called by any
other name till severall years after when the Weyanoakes declining and
the Nottoways removing nearer the River, and he this Deponent with
severall others usually going to the Nottoways to fish first gave it the
Grenerall name of Nottoway And this Deponent saith that at the mouth
of the said river there is an old field Known at this day by the name of
Weyanoake neck And this Deponent further saith that he never knew
that the Weyanoake Indians ever lived lower than that River.

Capt et Jurat Decimo JNO BROWNE

die Januar Anno 1707

Coram me Edw* Moseley

North Carolina ss.

Before me Edward Moseley Esq'' one of the members of the Council
and being authorized to take the Deposition of certain persons relating
to the boundarys of this Government. Personally came and appeared
William Brush aged sixty five years or thereabouts who on his Oath ac-
cording to the forme of his profession taken saith that in or about the
year one thousand six hundred and fifty eight or fifty nine he this De-

COLONIAL RECORDS. 663

ponent came into Virginia and lived twenty yeares or tliereabont within
sixteen miles or thereabouts off Weyanoake River and about fifteen years
more within twelve miles of Weyanoake River being the first River on
the Right hand as you go down Blackwater River and about twelve miles
above Maheriiie River During the Major part of which time the Depo-
nent never heard it go by any other name than Weyanoake and this De-
ponent further saith that about twelve years agoe (one of this Deponents
Neighbours) Nathan King took up a peice of Ijand lyeing opposite to
the mouth of the said River which Land was Commonly said by the
neighbours to lye at the mouth of Weyanoake River to distinguish it
from other Land the said Nathan had and this Deponent further saith
that he never knew or heard of any other Weyanoke River than that
aforementioned and which by the Virginians has lately been called Not-
toway by Reason the Nottoway Indians having of late been the chief
dwellers near it

Capt et Jurat Vicesimo

primo die Januar Anno 1707

coram me Ed""* Moseley

September the L5*'' 1707

[B. P. K. O. B. T. pROFiuJiTOR.s. Vol. 9. P. 2. — Extracts.]

ROB' HOLDEN TO THE LORDS OF TRADE

London May 21 : 1707.
May it please Your Ij(jrtlP~^

* ■+ * *

According to ymir I/ships desire I shall touch a little upon Carolina.
It has two plantations North and South Caralina. The North in which
I have been in and lived some time there ; has barr** Inlets into It ; which
spoyles the trade of it and none but small vessells from New England
and Bermoodas trades there, the soyle is more lusty than South Carolina
It produceth Tobacco : Indian Corne ; English Wheat in abundance
Beef; porke ; hides ; Tarr & so consequently pitch Furs as Beaver ; Otter ;
Fox and wild cat skins ; deare skins ; Tann'* Lether Tallow &c for druggs
rabbex serpentarius : saxafrax calamus aramaticus assarebecca capillus
ventris polypodiura quercus &c

South Carolina; has good Inlets; particularly port rovall so good as
the Navy royall of great Britton ; may enter safelv and harbour there It

664 COLONIAL RECORDS.

produoeth Rice ; silk and Tobacco ; sundry .sortes of skins and Furrs as
Neat hides Deare skins the Mexico taurus ; Beaver ; otter ; Fox Wild
catt &c Tann* Lether porke & Beef in abundance in so much as her
Maj"^ ship^ of Warr are victualled with It at Jamaica and in the Caribee
Islands Tallow all sortes of pulse Tarr pitch Clapborde Cedarwood and
all provision in such extraordinary plenty that they are able to furnish
all at the Island plantations with victuals. The Towne of Trade strongly
fortified well planted round with ordinance and all things provided for
its defence Good force both horse and foot can be raised to offend an
enemy; as well as defend itselfe at any time as lately appeared by that
Noble defence it made by S' Nathaniel Johnson the Govornour. and the
growth of the Collony ; which made it become so great (as this warr to
be able to attack St Augustine one of the oldest fortification the Span-
iards has in America and allway kept Garrisoned and had certainly cary'*
It being Master of all the Country had they had any bombs or great
guns. And after marched some hundred of miles to Apolacka Town
subdued It and brought away several prisoners with considerable booty
And a great number of Indians friendly went & came alone with them
in this expedition I say the powerfullness riss from the timely supply'
the Ld^ proprietors upon the forst settlement of it sent thither for I
found them so devoted to it and in love w ith it all of them and most
especially the late farmer Earl of Shaftesbury that which in particular
expenses of settling there own plantations as in conjunct stock for sup-
plying all the planters forst and last amounted to above thirty thousand
pounds as it was computetl and now reckoned one of the best plantations
belonging to the Empire of great Britton I humbly pray y' Ld^'''^ will
be i)leased to give me all the dispatch as possible in getting her Mtij'"*'
approl)ation my suretys are ready to attend y'' Ld^'f" commands and I
am witli all humility My Lords

Your L''ships most obedient servant

ROB' HOLDEN

[B. P. R. O. B. T. Maryi^and. Vol: 5. H. 41.]

COL: SEYMOUR TO THE LORDS OF TRADE.

(Extract.)

10 June 1707.
]My Lords <fc R' hou*'" Gentlemen

I have sent a Sloope well mann'd to North Carolina to demand some
persons who have fledd hence from Justice, and to learne what Law is

COLONIAL RECORDS. 663

made there to hiirbuiir otliers f'n)m paying- their juist debts wliieh ha,s
oeeasioiied f^-reat niiiuher.s to tlye from tliiss I'rovinee thither to the great
detriment of Merehaiits in England and clieating the honest well mean-
ing people of this Country, for if they have as I am informed made a
law there to proteet any person from being sued during five years. It
will give a handle to many knavish people to gaine large ereditt and run
thither to defraud their just creditors, and not only tend to the lessening
the number of taxable people here, but to the depojiulating her Maj""^
more usefull adjacent Colonys and Plantations. And now as our Poverty
increases so fresh villanys are carried on entii'ely to subvert the Govern-
ment; When I have their answer I will transmit it to your hon"'^ Board,
and doubt not that your Lords'" will find out an Expedient to have this
pernicious practice stopt, otherwise many persons will go to North Caro-
lina and her Maj'^^ Revenue hence be suncke to a Scantlijig.

^ :t^ :)c :t: ^ i^ H:

My Lords, your Lords^'" most obedient faithfidl humble servant

JO: SEYMOUR.

[From the MSS. Recokds of the Friends' Monthly Meetings in Pasquotank

Precinct.]

At a monthly meeting held at the house of Caleb Bundy the 13*'' of
y" first Mon' 170|- The friends met at said meeting proceeding upon bus-
iness makes choice of James Daws Henry Keton, Stephen Scott John
Symons & Edward Mayo to give their attendance at the yearly and
Quarterly Meetings of any business that friends shall require. Also
Jeremiah Symons and Caleb Bundy to represent the state of our monthly
Meeting to the Yearly and Quarterly Meetings.

[B. P. R. O. B. T. Maryland. Vol: 5. H. 45.]

COLL: SEYMOUR TO THE LORDS OF TRADE.

August 16"^ 1707.
May it please your Lordships

My last to your hon''''' Board was of the lO"" of June last by Cap'
Edward Ratchbald in the Elizabeth of Liverpoole which I hope ere this
has had the good fortune to Kiss your handes, and having therein ac-
80

666 COLONIAL RECOEDS.

quainted your Lordships, that the Proprietary Governnieiit of North Car-
olina had made an Act of Assembly which seemed to be of pernicious
consequence to this her Ma'^' more usefull Plantation of Maryland, I
have since taken care to procure a Copy of it, which herewith I presume
to inclose to your Lord'^' and cannot doubt but you will be of opinion,
the Encouragement & Protection therein given to the people of this
Province (the generality whereof are much indebted to y^ Mercli'" in
England & others, & can have no such Expectation of protection here)
is an extraoi-dinary inducement to them to desert their Plantations and
Cropps here and withdraw tliemselves where they may live so many
years undisturbed which will not a little conduce to the lessening her
Maj*^' Revenue of Tobaccos, if not tymely prevented by your Lordships
wisdome, for I assure your Lordships many persons from this Province
with their whole familys are of late years removed thither, and purely
on that Score.

My Lords at the same time when I lay this, I can but think, neces-
sary as well as true Representation before your hono'''^ Board, I must not
omitt doing the Government of Carolina the Justice to informe your
Lord'''" that upon my application and sending a Sloope in Quest of Rich-
ard Clarke and his accomplices, those notorious disturbers of this her
Maj"'' Government here, the Deputy Gov'' and the whole country exprest
their utmost Resentment against those Villains as well in words as actions
by endeavouring to take Clarke and actually surrendering to the person
I sent on this occasion, two of his associates Daniel Wells & Charles
Harrison who accompanied him thither and are now both in safe custody
in this Province.

Upon Richard Clarkes first going to Carolina he called himself by the
name of Robert Garratt; saying he was S' Nathaniel Johnson's nephew,
& pretended to be a Quaker, since which upon his return to this Prov-
ince where he now is concealed and harboured by many of his Friends
he has wrote severall Letters to me under a Quaker stile, sticking them
up in the night at outhouses & dropping them in the Roads. In some he
sues for pardon oifering to discover the ill practices of many of his con-
federates, and in others he threatens to bring thirty thousand of the
French Indians upon the country by Land and to direct the French to
bring a Naval Force by water to invade the Province, if he is not par-
doned within some small tyme which he is pleased to affix; yet notwith-
standing his most equisite villany and the ill principles of many loose,
idle persons among us besides the general calamity of Debts and mort-
gaged Estates for ranch more than their worth, I doubt not but to preserve

COLONIAL RECORDS. 667

wlmt her Maj'^ has been graciously pleased to comitt to my care and con-
duct (the Peace and Tranquility of this our Provinc*) from any home-
bred villany or other Forreign attempts and have put the country in the
best posture of Defence it is at present capable of, having appointed the
Officers of the Militia of the most loyall and ablest of the Inhabitants,
and the public stores of arms and anuuunition being now (God be thanked)
prittv well supjilyed and fixed. But I have some satisfaction to heare
her Majesty has thought fit to send so good an officer to be my neighbour
in Virginia.

The Chiefe of the Quakers here understauding Clarkes practice and
that he wrote his letters in their stile, presented me the inclosed address
to which I could not in justice do less than make the returne endorsed on
the Back thereof

I dare not presume by this uncertain conveyance to send your Lord'^'
the Laws and Journalls of Assembly but will not omitt to transmitt
them by the first Man of Warr which this Country has long uneasily
expected and am with the highest Reguai'd and duty imaginable My
Lords

Your most obedient humble servant

JO: SEYMOUR.

(Endorsed)

Rec-^ 8"^ Nov*" 1 T ^^7
Read 10'" do: j^'^''

[B. P. R. O. B. T. Virginia. Vol. 58.— Extracts.]

VIRGINIA SS: JOURNAL OF THE COUNCIL.

At a Council held at the Capitol 2""^ September 1707.

Whereas this Board have received information that one Co" Pollock of
North Carolina with several armed men of that Province did lately in
an hostile manner sett upon the Maherine Indian Settlement and liaving
taken 36 of the said Indians prisoners kept them two days in a fort till
with the excessive heat and for want of water they were almost de-stroyed
after having broke down their cabins and committed several other out-
rages threatening to cut off their corn and to turn them off their land This
Board taking into consideration the ill consequences of such unwarrant-
able proceedings not only as they respect the frightening the said Indians

668 COLONIAL RECORDS.

from their obedience to this her Maj Govern* of Virginia but irritating
the said Indians to revenge themselves as well upon her Maj. subjects of
this Govern' as upon those of Carolina It is therefore Ordered that a let-
ter be writt to the Deputy Gov"" or President and council of North
Carolina asserting her Maj. right to the land upon which the Maherine
Indians now live and to acquaint the said Deputy Gov' or Presid* &
Council of North Carolina the said Indians have their dependance upon
and are under the protection of this Government according to the Treatys
of peace, made with them & to desire y"' s** President & Council not to
molest the s^ Indians until the matter of Right concerning the Lands
whereon they live be determined.

Ordered, that Coll : Harrison send to the Great men of the Maherine
Indians and caution them not to leave their Town upon any threatening
that may be made them by the Inhabitants of Carolina and to assure
them that if any disturbance be oifered them by any person within that
Province the Council will take care to protect them and in the mean time
to Caution the said Indians that they offer no provocation to the Inhab-
itants of Carolina.

September the 1 5"' 1 707.
Gentlemen

I am to own the receipt of yours of the 17th of June in answer to a
Letter from myself and her Maj'^' Council of Virginia of the 30"' of
April proceedings in relation to the Maherine Indians. Soon after your
Letter came to my hand there was a meeting of Council to whom I com-
municated it and the Depositions therewith sent and am now to acquaint
3^ou with our observations on both. The main design of all your Depo-
sitions is to make out that the Nottoway River and Weyanoake Creek
are one and the same and on this supposition we perceive you lay the
foundation of your pretended Title to the Lands in Dispute to jjrove that
this is an Error we send you here enclosed Copys of the Depositions of
Two of our ancient Inhabitants who Knew Weyanoake Creek before the
Pro]irietary Government of Carolina had a being the persons themselves
are of such honest reputations their Knowledge so ancient their Testi-
monys so positive that we think we have no need to Examine any other
though we could have a multitude whose Knowledge of these parts are
of equal Date with your witnesses and some of the best Gentlemen in the
County who have known Nottoway River as long or longer and never
heard it called by any other name not to mention the little credit which
ought to be given to such persons whose understanding and character
were Known here to be none of the best before they took shelter in Car-
olina.

COLONIAL RECORDS. 669

As to the Right which you say was deriverl from the Yawpine Iiulians
by Grant to the Chowanoalces and from them acquired by the Lords
Proprietors by Conquest Wq can't apprehend it so easie a matter to as-
certain what Right an Indian Nation had to such a particular Tract of
Land before the memory of man their Title being as precarious as their
meanes of Transmitting the same to postei-ity are Defective but suppose-
iug the whole to be True which we must take Leave to doubt of till we
are better satisfyed of the Validity of those imaginary Indian rritings
and Records yet it will not follow that any such acquisition Could give
the Proprietors a Right to Land to the Northward of Weyanoake Creek
which is the bounds of the Charter and whoever maintains such a posi-
tion must at the same time forget by what means the Proprietors came to
have a Right to any Lands in America and that their Title to the same
can be extended no further than their Grant from the Crown gives them
Leave.

We admire to hear it offered that a Clandestine Treaty between the
Government of Carolina and the Maherine Indians should Create a Title
to their Lands or or be a jjretence of exacting Tribute from them who
were long before Tributary to her Majesty Dominion of Virginia by
Virtue of a treaty which has the Royall Ajiprobation And it is as Strange
that the Government of Carolina should go about to prescribe bounds to
those Indians in Lands which their Charter gives them no Right to at
least which hath been alwayes Claimed by the Government of Virginia
If the Indians had encroached upon their Neighbours who were really
within the bounds of the Carolina Charter the Government of Virginia
would alwayes have been ready to have redressed any such injurys and
Restrained the Indians from the like practices but but no such complaints
have ever been made here On the Contrary it will be found that the
Govermiient of Carolina have been the Agressors and by granting Lands
to any one that would purchase it without considering whether they had
Right or not so to do have endeavoured so to streighton the said Indians
that they might be no longer able to subsist where they live in hopes
afterwards to possess themselves of their Lands by the same Title they
hold the other Lands thereabouts.

We believe it her Majestys Right to assigne Land for the Tributary
Indians in any part of her Dominion of Virginia without being account-
able to the Government of Carolina, and till her Majesty has Determined
tlie Extent of the Carolina Charter. We shall not think fitt to alter their
present Settlement especially since we know tlic Indians have possest their
Tjands long l:)efore Lewis Williams had any pretence of Right to his and

670 COLONIAL RECORDS.

we cannot perceive how the Supporting the possession of those Indians
can be called a disseising her Majestys subjects of Carolina of their free-
hold if their settling there be (as we doubt not it will appear) without
any Title: for several of those hundred faniilys you mention would
never have sought for Grants from Carolina if the patenting of the same
Lands had not been Restrained here. And since we have now by the
inclosed Depositions acquainted you how far we claimed on her Maj'-''
behalf We expect tlie performance of your promise that no further Set-
tlements be made there till her Majestys Determination of the bounds.

You conclude your letter with assuring us of your ready Assent that
every one in the Respective Governments as they are now deemed should
enjoy their Propertys till the matter be Determined. But we soon found
that those were only Words of Course for it was not long after the receipt
of the same Letter that Information was brought hither that one Coll"
Pollock of Carolina with about sixty armed men in an hostile manner
sett upon the Maherine Indian towne makeing all the Indians that were
therein prisoners and so keeping them pent up for two days in a small
fort till with the straitnoss of the place the excessive heat of the weather
and their want of Water they were almost famished, threatening further
to burn their Cabbins and destroy their Corne if they did not remove
from that place and to show that he meant to be as good as his word he
pulled down some of their Cabbins and broke and destroyed such poor
furniture as the Indians had therein, and to make that Action the more
unaccountable (to give it no more name) the said Pollock had the assur-
ance to affirm he had the Queens order for what he did.

Gentlemen your own Letter plainly intimates that you are not unsen-
sible of the Maherine Indians being under his Majesty Subjection as of
her Dominion of Virginia by Virtue of a Treaty Concluded with them
and that they are thereby entitled to her Majestys protection It is then
as plain that those Indians are not to be considered as a Nation of Sav-
ages on whom the Government of Carolina have power to Revenge
injurys by force of Amies but as her Majestys Subjects who are as much
under her protection as any of her Subjects of Virginia and if they have
committed any Trespasses on the bodys of Lands of any who pretend
themselves Inhabitants of Carolina It would have showed a greater
Duty to her Majesty and tended more to the preserving of friendship
and good Neighborhood between Virginia and Cai'olina to have made
application for Redress here (where yon might have been assured of
speedy Juctice) than to have proceeded by way of hostility which is a
method proper only for St)vereigne jiowcrs but can never be justifiable in

COLONIAL RECORDS. 071

persons uiuler the same allegiance. We might with as much justice treat
those who possess the adjoining Lands (and pretend to belong to Caro-
lina) with the same severity as you have used those poor Indians since
we have at least as much Reason to believe them within the bounds of
Virginia as you have to imagine the Maherine Indians to be within yours
and have as little doubt of your Ability to eft'ect our Resentment had
not our Duty to our Majesty a greater influence on us than our Vanity
to show our Power. We have always thought the matter of Right
Could not be Determined but by her Majestys Royal Authority and were
willing to proceed no further than we could justify to her Majesty to
whom we are accountable but it seems our Lenity has been misinterpreted
either for a Distrust of the Right we are prosecuting or of our ability to
prevent the Rougher measures of those who have no better warrant for
their intrusions than the sole consideration of their own private interest
Joined with a good assui-ance We leave it with you to consider whether
this late Action of Coll" Pollock be agreeable to that profession of friend-
ship which you make in your Letter And if this late attempt be not the
ready way to irritate those Indians to shake ofl* their obedience to her
Majesty and by bringing forreigne Indfans to Revenge their Wrongs
involve both us and yourselves in war and all this for no other Account
but to satisfy the selfish interest of Coll° Pollock and some few insatiable
people who aim at the Indians land We think ourselves obliged in her
Majestys name and on Behalf of this her Majestys Colony to demand
Reparation for so unwarrantable an attempt and that you'l punish Coll"
Pollock and those concerned with him as such an insolence Deserves But
if no such satisfaction be given us we shall then conclude he acted by
your authority who have now the Administration of the Government in
that province and shall so represent it to her Majesty in justification of
what we shall hereafter be obliged to do in asserting .... and
maintaining her Majestys just Title to those Lands and jjrotectiug the
Indians according to the articles of peace concluded with them and we
doubt not her Majestys gracious approbation of our proceedings
Signed in name of the Council by

E. JENINGS

Hon"" Sir North Carolina, September 23"

By your messenger I received yours of the IS"* instant with the Dep-
ositions inclosed which I shall lay before the Governor and Council the
first opportunity by this I acknowledge your favour and am
Sir your very humble Servant

W. GLOVER

672 COLONIAL RECORDS.

[B. P. R. O. B. T. Maryland.]

To the Queen's most Excel!' Majesty
May it please your Majesty

Colonel Seymour Your Majesty's Governor of Maryland having trans-
mitted to us the Copy of an Act lately passed in North Carolina Entitled
An Act to encourage the settlement of this Country, ^\'e humbly take leave
to lay the same before your Majesty, with our humble opinion thereupon.

The purpcn't of the said Act is as follows.

That no persons that shall after the Ratification thereof transport them-
selves into that Province shall be arrested sued or Impleaded in any
Court, or be Imprisoned for any Debt, whether the same be by bill
Bond, or other Reckoning, or account whatsoever contracted before their
Arrival in that Province, till & after five years after their said Arrival
Excepting such as who shall be indebted to your Majesty or to the Gov-
ernment in which they lived befoi'e their coming thither; And it further
excepts all persons transporting themselves from your Majesty's Colony
of Virginia, and such who have contracted Debts within 6 months before
their arrival in the said Provinces.

The said Act further provides that if any person so transporting
themselves, and having had the benefit of this Act, shall depart out of
that Province, and afterwards return again, shall not then receive any
benefit by the said Act.

Upon this we humbly take leave to represent to your Majesty that
notwithstanding the exceptions in the said Act, it appears to us to be of
very pernicious consequence to your Majesty's Province of Maryland,
and the other more Northern Plantations : For that the Encouragement
& Protection by this Act given to such who shall retire thither is such
that great Numbers of Debtors ([)arti<'ularly in Maryland, where the
generality are much indebted to the merchants in this Kingdom) will be
induced to quit tlieir settlements ami witlnlraw themselves to Carolina,
where by virtue of this ^Vct they may continue 5 years exempted from
the payment of their just debts wliich mischief if not timely prevented,
will vcrv much lessen Your Majesty's Revenue in the Duty's upon To-
bacco ; -wherein we are the more confirmed by what Your Majesty's said
Governor of Maryland has writ us Viz' That several families have
alreadv removed themselves thither, where they may be out of the reach
of their Creditors.

We further humbly represent to your Majesty, That This Act not be-
ing Consonant to reason, nor agreeable to the Laws and Customs of this
Kingdom, whicli the Lords Proprietors are Obliged to observe in the
passing of Laws, the said Act ought to be repealed. P)ut that Your

COLONIAL RECORDS. 673

Majestv iiiay be fully Apprised of this matter, We humbly lay before
Your Majesty the Opinion of Your Majesty's late Attorney and Solicitor
General Upon a former Act of Carolina, which Opinion we conceive ap-
plycable in All respects to the present Act Viz' :

That by the Grants of that Province made by his late Majesty King
Charles the second, bearing Date the 24"" of March in the Fifteenth and
30"* of June, in the seventeenth years of his Reign, a ])ower of making
Laws with the Assent and Approbation of the Freemen there Inhabit-
ing, is granted to the Proprietors, for the Good & Happy Government
of that Province, so as such Laws be Consonant to Reason and as near
as may be conveniently agreeable to the Laws and Customs of England ;
And they were of Opinion that Laws not consonant to reason and repug-
nant to the Laws of this Kingdom, are not warranted by the said Char-
ters, And that Your Majesty may declare those Laws to be Null & Void ;
That Your Majesty may Command that the same shall not be put in
Execution or observed ; And may also require and Command the Pro-
prietors and Assembly of that Province by Act of Assembly to Enact
& declare the same to be Null & Void. And your Majesty's said Attor-
ney and Solicitor General were further of Opinion that the making such
Laws is an Abuse of the Power Granted of making Laws, and will be
a forfeiture of such Power, and that that Power raa}- be seized into Your
Majesty's hands by scire facias in the Chancery, on the Patents, or by
Quo Warranto in Your Majesty's Court of Queens Bench, if the Laws
were Approved and Confirmed by the present Proprietors.

Whereupon having had this matter under consideration, and concur-
ring with the above Report of Your Majesty's said Attorney and Solic-
itor General ; We doe humbly oflFer that your Majesty be pleased by your
Order in Council to declare the said Law, to be null & void, and that
your Majesty be further pleased to signify Your Royal pleasure to the
Proprietors and Assembly of that Province, that they do not permit the
said Law to be put in Execution, but to declare the same Null & A'^oid,
as was done by your Majesty's Order in Council of of the 10* of June
1706 upon the Laws therein Mentioned.

The making of such a Law We conceive to be an Abuse of the power
granted to the said Proprietors, and a forfeiture of such, their Charters,
Which may be Vacated by due Course of Law

All which is most Humbly Submitted

STAMFORD

DARTMOUTH

HERBERT

Whitehall Nov' 12* 1707. JOHN PULTENEY.

674 " COLONIAL IlECORDS.

[Fkom the Vestry Book of St. Paul's Parish, Chowan Precinct.]

MEMORANDUM. DEC Y^ 15'" 1707.

Then the Church Wardens John Blount Esq' and Nathaniel Chevin
having legally Summoned the Vestry and none appearing, since Mr Wil-
liam Banbury and the afore said church wardens having before encour-
aged Mr James Beasely to attend this Vestry in order to be established
a Reader and he appearing in order thereunto, and there l^eing no Vestry,
he is willing to officiate in the Station of a Reader of Divine service, un-
till a Vestry shall meet and approve of and agree with him.

[B. P. R. O. B. T. Maryland. Vol. 5. H. 47.]

AN ACT TO ENCOURAGE THE SETTLEMENT OF THIS
COUNTRY. [CAROLINA, NORTH.]

[1707.]

Whereas it hath pleased AUmighty God so to bless and prosper the
English plantacons on the maine Land of America that all the Sea Coast
from the most Easterne parts of New England to the Southermo.st part
of Carrolina with all the Ports and Harbours thereon are possest by
English under the dominion of our most gracious Soverreign Lady Ann
by the Grace of God of England Scotland France and Ireland Queen
Defender of the faith save only one Tract of land lying in this Govern-
ment which lying waste the Coraunication of her Maj"*° Subjects by land is
not only interupted but the Enemy in time of Warr and Pyrates in time of
Peace have hitherto made use of the Harbours therein to careen and fitt
their vessells as also to Wood and Water to the great annoyance of her
Maj"^° Subjects trading along the Coast and the Place being inhabited (as
has been lately discovered) only by some fugitive Indians under no man-
ner of Government and living chiefly by Rapine who do murder or hold
in Slavery all persons that either by Shipwrack or passing in small
vessells so unhappily fall under their Power And whereas the Inhabi-
tants of this Government by reason of their fewness are subject to the
dayly Insults of the Heathen owing their Lives and safety's to the cour-
tesy of the Heathen rather then their own strength, therefore for the more

COLONIAL RECORDS. 675

speedy peopling- the said Tract of Land and for the nniteing her Maj*"
Empire in America and preventinj:; the Enemy from Harbonring in those
parts for the subdueing the Inhabitants and security of her Maj"'^ Sub-
jects trading ak)ng the sea coast as also of the Inhabitants settled in this
Government we pray that it may be enacted and it is hereby enacted by
his Excell : the Palatine & the rest of the true and absolute Lords Prop"
by and with the consent & advice of this present grand assembly and the
authority thereof. And it is hereby enacted that no person or persons
whatsoever who from and after ratification of this act shall transport
themselves into this- Government and sliall continue to be an Inhabitant
or Inhabitants here to plant & inhabit shall be arrested sued or impleaded
in any Court or imprison'd for any debt whither the same be by Bill
Bond or other reconing or ace' whatsoever contracted before their arrival
here till and after five years after their arrival Provided allways that this
act nor anything therein contained shall in no wise be constructed to pro-
tect any person or persons Indebted to our Sovereigne Lady the Queen
her Heires and successors or to the public account of the place or Gov-
ernment where they have lived or as Guardians & Trustees for Orphans
Estates nor any person or persons who shall transport him or themselves
from our neighbouring Government her Maj"^^ Dominions and Colony
of Virginia nor any persons indebted to any of henjMaj"^' Subjects liv-
ing within the aforesaid Collony of Virginia who upon pretence of com-
ing from any other place shall plead the benefitt of the said acjt nor any
persons indebted for any wares, goods and merchandizes the eifects whereof
they shall bring into or otherwaise receive within this Government nor
any person indel)ted for any debts contracted upon any accoimt whatso-
ever within six months before their arrival here Provided also and it is
hereby Enacted by the authority aforesaid that what person or persons so
ever shall at any time hereafter transport him or themselves into this
Government and having once had the benefitt of this act shall depart
hence and againe afterwards transported him or themselves into this Gov-
ernment shall have or receive no benefitt or advantage by such his or
their transportation anything herein contained to y* contrary notwith-
standing

(Endorsed)
Referred to in Colonel Seymours L'^ of the 16 Aug^' last.

676 COLONIAL RECORDS.

1708.

[B. P. R. O. B. T. Va. 58.]

EXAMINATION OF WITNESSES IN NANSIMUND
COUNTY

Virginia— ss: ' 25 March 1708 (7?)

Henrv Pliinipton aged eighty six years or thereabouts Deposeth that
he hath lived in the County now called Nansemond formerly LTpper
Norfolk about seventy four years and that after the Right Hon"' S' W°
Barkley was made Governor of Virginia he was amongst divers others
at sev" times sent out against the Southern Indians Once particularly by
land under the Command of Major Gen" Bennett and once by Water
under Coll Dew which to the best of his Remembrance Was about the
year 1646 in which expedition he well remembers that after they had
entered Corrotuck, they proceeded up the Sound to Chowan as far as the
mouth of Weyanook Creek where they had a fight with the Indians and
had a man killed by them And also about two years after a peace being
concluded with the Indians the said Deponent with one Thomas Tuke
of the Isle of Wight County and severall others made a purchase from
the Indians of all the Land from the mouth of the Morratuck River to
the mouth of Weyanook Creek aforesaid which the Indians then shewed
them, Which the deponent knew to be the same place where the man
above mentioned was Killed and lyes (to the best of his Judgement and
remembrance) about twenty or twenty five miles above the mouth of
Morattuck River but the Deponent never heard the Blackwater Notta-
way or Maherine Rivers or either of them called l)y the name of Wey-
anook Creek Sign'd

HENRY PLUMPTON

March the 25"' 1 708 (7?)
By virtue of a Commission of Dedimus potestatem to us directed from
the hon"" the President and Council of Virginia We the subscribers did
this day meet at the. house of M'' Henry Plumpton in the County of
Nausimond where the said Henry Plumpton made affidavit to the truth
of the within written

Sign'd AR ALLEN

FRAN MILNER
THO: MILNER
HEN JENKINS
JAMES LOCKHART

COLONIAL EECORDS. 677

Robert Lawrence of Nan.simond County aged about sixty nine years
Examined and sworne saith.

That about forty seven years ago this Deponent seated a plantation on
the south west side of Chowan River about three or four miles above the
moutli of Morattock where he Lived about seven years, by which means
he had often occassion of passing and repassing the Chowan, in which he
often took notice and still very well knows a large creek on the said
South west side of Chinvan commonly called and known both by the
English and Indians by the name of Weyanoke Creeke which creek
issueth into Chowan about twenty five miles above Morattuck River
mouth and according to the best of his Deponents judgment about
twenty miles below the mouth of Maherine River and this Deponent
further saith that he never heard either the Blackwater Nottaway or Ma-
herine River or any other River or Creek but that above mentioned called
by the name of Weyanoke Creek
Signed

ROBERT R LAWRENCE

Sworne and addressed as the former

[From N. C. Letter Book. S. P. G.]

MR. GORDON TO THE SECRETARY.

LiNHAVEN Bay, P' April 1708
Sir:

We are just come to anchor in Linhaven Bay, after almost three months
passage and nuieh bad weather. I find we shall get easier to North Car-
olina from hence than we expected, whither we design to set forward,
God willing, tomorrow morning. We are just weighing again for York
River, from whence it seems sloops frequently go to Carolina though the
accounts I have had about the distance differ very much, some calling it
seven, some fifteen, (jthers thirty leagues, and all the Maps I have seen
are equally imperfect : we ha^'e no favorable character of the Country,
and it will be hard if after so much rough weather we have met with at
Sea, we should have to do with rugged tempers ashore, but whatever
inconveniences we find, as we shall always make the best of them, so we
shall always take all care to answer to everything the good expetrtations
(I liope) the Honorable Society has of our endeavours. I have no time

678 COLONIAL RECORDS.

to write so fully as I would the opportunity by this ship being as sudden
as accidental. Therefore I hope you'll please to excuse this abruption.
Your very humble Servant

W" GORDON

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry at the Chappel the IS"" Day of April 1708.

Present.
AVm Duckenfield Esq"^ John Blount Esq''

John Ardern Esq"" M"^ Edward Smithwick

Cap' Thomas Luten M"' Wm Banbury

M-^ Nich' Crisp M' Nath^ Chevin.

M'' Nath' Chevin being now removing out of this precinct and it being
debated who shall serve instead of him

Agreed that Thomas Garrett Esq' shall succeed in the Room and
stead of Nathaniel Chevin.

Also it being debated who shall succeed in the room and place of Cap'
Thomas Blount deceed —

Resolved that Edward Mosely Esq'' shall succeed in the vestry in the
place of Cap' Thomas Blount.

It is also voted who shall succeed as a vestry man in the place of Col
William Wilkinson.

It is agreed that Wm Charlton Esq'' shall succeed as a vestry man in
the place and stead of Col Wm Wilkinson.

And accordingly Thomas Garret and Wm Charlton Esq''' took their
places in the Vestry.

Richai'd Booth having had an allowance of three pounds per annum
for maintaining an Orphan Child of Stephen Besson's comes here and
assumes to keep and maintain the child without any further charge.

This Day William Duckenfield Esq' and M' Edward Smithwick made
up their accounts in the time of their being Church Wardens and upon
adjusting their accounts it appears that there is due M"" Duckenfield from
the Vestry the sum of 4£: 5s: Od

And Mr Smithwick stands indebted to the Vestry 1: 2: 6

Ordered that Mr Smitliwick pay the same to Wm Duckenfield Esq'
and then there will be due to him from the Vestry 3: 2: 6

John Blount Esq' and Nath' Clieven this day producing their acct of
the public accounts. Upon adjusting the accounts there appears to be
due to the public the sum of 6£: 6s: 8d

COLONIAL RECORDS. 679

Ordered that Mr Crisp be paid tor the use of his canoe, two shillings
and six pence "^ Nath' Chevin.

St) the account stands thus.

John Blount and Nath' Chevin. Chiuvh Wardens, stands Debtors to
the public for the years 1706 & 1707 6£: 6sh: 8d:

£ sh. d.
By Mr Crisp 0: 2: 6

By Mr Moseley 1: 2: 6

By Mr Duckenfield 3: 2: 6

£4: 7: 6

Ordered that Phillis Dicks, widow of John Dicks, be paid by the
publick the sum of two pounds besides what he hath been allowed and
paid by the publick for his work on the Chapel.

On the petition of William Walston shewing that Elenor Kirkham
was accommodated at the petitioner's Eighteen days, being sick and im-
potent and there died and was buried at the petitioners charge having no
Estate prays allowance. &c.

And he presenting no account

Ordered that he appear at the next Vestry and present his account.

On petition of Madam Mary Blount for accommodating a poor, indi-
gent man named Thomas Wright at her house, in his sickness one Week,
whereof he died and was buried at her charge, prays allowance.

Orded that she be paid by the public forty shillings

Ordered that the Hono*'^ Col. Thomas Pollock and John Ardern Esq'
shall be Church- Wardens for the Year ensuing.

Ordered that Mr. Nicholas Crisp agree with
to officiate as a Reader in the Chapel for Nine pound pr. Annum to exe-
cute in that Office and also as Clerk of the Vestry, and Mr. Nich' Crisp
doth promise to give notice to the Inhabitants of the time when he shall
begin upon that Employment.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry met at the Chappel on Wednesday the o"" day of May
1708.

Present. Church wardens.
Wm Duckenfield Esq Mr Wm Banbury "1

Edward Moseley Esq Mr Wm Charlton ^„ , ,,. i

Cap* Thomas Luten Mr John Pruden ^ ^'^"^'^'^ Wardens

Mr John Blount

680 COLONIAL RECOKDS.

In observance to a late act of Assembly entitled an act for electing
Vestrys the said act being first read the Vestry made choice of the Rev-
erend Mr William Gorden the Hono*'" presidents approbation being sig-
nified to officiate in this precinct as a minister of the gospel. It having
this Day been signified to the Vestry that the Hono'''' Thomas Pollock
declines the Office of a church Warden.

Ordered that Mr Nicholas Crisp officiate in his Room, and that the
Hono*"'* Coll Thomas Pollock pay his fine as appointed by the act. Mr
William Walston having this day brought in his account for the Inter-
ment of Elinor Kirkhum and demanding thirty shillings for his trouble
and charge therein, being thought a reasonable demand, is therefore
allowed the same to be paid by the publick.

It is ordered that a full Vestry pay their attendance at the Chapel on
tuesday the 11'^ of this month for the further settling of matters relating
to the chui'ch.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry met at the Chappel on Tuesday the ll"" Day of May
1708.

Present.
Wm Duckenfield Esq" Mr Nicholas Crisp

Edward Moseley Esq'' Mr Wm Banbury

Mr Edward Smithwick Mr Thomas Garret

> Cap* Thomas Luteu John Ardern, Esq'.

Mr John Blount
Mr. Nicholas Crisp being present and refusing to perfonn the Office

of Church Warden

Ordered that he pay his Fine pursuant to the act and that Mr Tliomas
Garret be Church Warden in his room.

It having this day been debated for the better encouragement of a
Minister (for this precinct only) which is the most proper place to pur-
chase for a Glebe it's luianimously agreed upon that the plantation now
belonging to Mr Frederick Jones whereon the church now stands, is the
fittest place can be thought on for that use : the tract of I^and in Quan-
tity (containing five hundred acres.

It is therefore the humble Request of the Vestry that Edward Mose-
ley Esq*^ (having now business into Virginia) will jjlease to treat with Mr
Frederick Jone.^ concerning the purchase of the said Land and agree

COLONIAL RECORDS. 681

with him ft)r the same, provided he exceed not an Hundred pounds in
Counti-y Commodities.

Ordered that the Chureli Wardens endeavour to have the pulpit fin-
ished with all possible Speed as likewise the Desk and what other things
belong to it a.s likewise to have the Church Hoor laid with Brick, but
upon further Debate of the matter its agreed upon that the Floor shall
be laid with plank as being the cheapest and most expeditious way of
having it done.

There appearing upon the Adjousting of Mr John Blount's and Mr
Natlianiel Clievin's account to the Vestry on the Eighteenth of April
last. Mr Chevin remains Debtor to the public — £1 : shl9: d2

Ordered that the Said £1 : sl9: d2 be paid to Mrs Mary Blount in
part of forty shillings due to her by a former oi'der.

Ordered that the Vestry meet at the Chapel 1 the following Day to
our next precinct court.

[From N. C Letter Book. S. P. G.]

MR. ADAMS TO THE SECRETARY

Va., 10 June, 1708.
Sir : —

Mr. -Gordon and I, by the good providence of God, got safe to ^^ir-
ginia the last day of March, from whence we went into North Carolina,
and addressed ourselves to the president of the council, who received us
with all respect and civility.

The coinitry is divided into four large precincts, besides a large tract
of land called Pamplico, divided into three precincts more. I am by the
president and council appointed to settle in the precinct called Pascotank,
and to take what care I can of the adjacent precinct of Caratauk [Curra-
tuck] beside. There is no church in Pascotank; but the people, upon
ray being ordered among them, have resolved forthwith to build a church
and two chapels of ease, the precinct being of too great an extent to meet
all at one or two places. I have been twice among the people of Cara-
tauk precinct, but could not call a vestry, some of their leading men
being out of the country, and the rest unwilling to go about any church
affairs till their return. I cannot propose to make them so frequent
visits as the faithful discharge of my duty requires, till the extremity of
the heat abates a little, which now keeps me from undertaking long and
tedious journeys. 82

682 COLONIAL RECORDS.

Each precinct, by Act of Assembly, allows a minister that resides
among them to the value of £30, in the 2>i'o(luce of the country, which
is equivalent to £10 or'£15 sterling. I found by the pious care of our
new president, the posture of affairs, as to matter of religion, in a much
better condition than might have been expected in a place so destitute of
means. I have preached some preparatory sermons to the Lord's Sup-
per, and find many of the people well inclined to receive the sacrament.
I hope to be able to give a better account of the country and people by
the London fleet. I could not get my goods to Carolina when I first
arrived, but am come up again to Virginia to carry them down, and to
set out from hence again (God willing) next morning for Carolina (blessed
be God), in very good health ; and hope the Almighty will enable me
in some measure to answer the pious design of so many good men, which
shall be the sincere and faithful endeavor of, sir,

Your most obedient and humble servant,

JAMES ADAMS.

[B. P. R. O. B. T. Maryland. Vol: 5. H. 74.]

COLL: SEYMOUR TO THE LORDS OF TRADE.

23'* June 1708.
(Extracts.)
May it please your Lordships

:}: :t= 51; ^ ^ ^ ^

Wee are dayly made .sencible of the loss and removall of divers Inhab-
itants and residents in this Province to our neighboring Collonys of Pen-
silvania & Carolina ; The chief notices whereto are the present Poverty
of this Country, the Planters having suffered extreamly this present
Warr in the Marketts being shut up so that after the numerous hazards
of unseasonable weather, lack of Plants, the Fly, the ground worme tjie
house wormes, it's being house-burnt, frostbitten, the danger of sea and
our enemys, all encountered and overcome the freightes have not had near
the valine of their labour or expence of servants cloathing &c: and those
who have layd out their C'ropps with the Merchants in the Country, have
not been able to get above three shillings and sixpence*^ cent so that for
many years last past servants and slaves have proved burthensome to
many Masters and helpt by hard labour to impoverish them.

The Inhabitants of North Carolina finding in what ill Circumstances
wee are, here many being indebted for more than their Stocks, made an
Act of Assembly there, iAviting all persons to settle with them under

COLONIAL RECOEDS. 683

the Protection of" five yeares exemption from paying their debts, which
has drawn many familys thither, again Pensilvania on the other hand by
raising the valhie of their coynes to so exti'aordinary a height beyond
her Maj"'^ Koyall Prockimation, and the great encouragment they give
to saylors has induced many young freemen artififers and sayk>rs to quit
this Province and settle thei'e, so that unles her Maj'^ be graciously
pleased to lay her comands on those Governments to repeale the afore-
said Carrolina Act of Assembly and conforme themselves in lowering
their coyns according to the Proclamation, there is no likelyhood of pre-
venting her subjects continiiall desertion hence to those less profitable
CoUonys.

As for those miserable people that are so much indebted, I know not
why their deplorable circumstances should not be taken into considera-
tion by her Majesty being pleased to recommend to the Generall Assem-
bly an Act of Bankruptcy in their favour to acquitt them upon deliver-
ing up their all to their Credito"'* which is as much as can be required and
that it shall be Fellony to conceale or imbeazill so that they may be once
more enabled to begin the world againe, and her Majesty not lose the use
of so many subjects

I have allready acquainted your Hon'''* Boaixl that the persons I sent
to demand at North Carolina have been delivered up to Justice here and
likewise transmitted two Coppys of the Act of Assemblv made therefor
the ])rotection of Debtors which I doubt not but that your Lordships
will think reasonable to lay before her most sacred Majesty for her Direc-
tions to that Government.

My Lords, your Lords'"^

most dutifuU obedient humble servant

JO: SEYMOUR.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Meeting at the Chapell of Edward Moseley Esq' Cap' Thomas
Lenten and Mr. John Blount on Wednesday y^ T"* of Julv 1708.

As likewise of John Ardern, the rest of the Vestry not appearing.

Ordered that a full Vestry make their appearance at the Chapell on
Sabbath Day next, being the 11* of this Instant.

Memorandum — The Vestry having been legally summoned to make
their appearance at the Chapell on Sunday the Eleventh of Julv, 1708

684 COLONIAL RECORDS.

but none appearing except Edward Mosely Esq' Mr Edward Smith-
wick Mr Nicholas Crisp, John Ardeni, aud William Banbury, there be-
ing no majority no business could be accomplished.

Ordered that a full Vestry make tiicir appearance at the Chapell on
Sunday y'' 25"' of July 1708.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Meeting of the Vestry holden at the Chapell on Sunday the 25"'
of July 1708.

Present.
Edward Mosely Esq' Mr Edward Smithwick.

William Duckfield Esq' Mr William Banbury

Cap' Thomas Luton Mr William Charlton

Mr Nicholas Crisp John Ardern. Esq'

Whereas the Reverend Mr William Gordon is speedily designed for
England hath therefore recommended unto this precinct for a reader Mr
Charles Griffin of whom he renders a good character, the said Mr Grif-
fin being likewise made known to some Gentlemen of the Vestry.

Its unanimously approved of to accept of the said Mr Griffin for our
Reader in Mr Gordon's absence, aud to allow for his officiating as such
and performing the Office of a Clerk to the Vestry twenty pounds "^ an-
num to be paid by the publick.

Whereas it had been taken into our mature Consideration the many
and great inconveniences which attend the Chappell which is already
built both in Respect of its ill situation. Smallness and rough aud unfit
workmanship

We therefore to shew our true zeal for the Glory of God and propo-
gating so good a work do unanimously agree that a church of foi'ty feet
long and twenty four wide fourteen feet from Tenant to Tenant for hight.
the remaining part of the work to be proportionable: the roof to be first
plankt and then shingled with good Cypress Shingles, and the whole to
be ceiled with plank, and floored with plank, for the speedy accomplish-
ment of which said work its the Earnest Request of the present members
of the Vestry that Edward Mosely Esq' and Cap' Thomas Ivcuten will
undertake to see the same perfi)rmed, they living convenient and to agree
witli Workmen at as easy Rates as may be. It being well and substan-
tially performed.

COLONIAL KECORDS. 685

Tliere appearing k) this Board that Eight pounds are (kie to the Rev
Mr Wni Gordon for officiating a.s a Minister in this precinct.

Ordered that the said Eight pounds be paid to the Rev* M"' (jordon or
his order by the public

[From N. C. Lettek Book. S. P. (4.]

LETTER TO THE LORD BISHOP OF LONDON.

N. C. 24 Aug. 1708.
May it please Your Lordship,

We esteem it the peculiar and special Blessing of Heaven that we of
this poor province are cast so happily under your Lordships patronage,
protection and care, whose eminency in propagating religion and estab-
lishing of Church Government is conspicuous to all mankind that knows
your Lordship, not only within your Lordships diocese but elsewhere
and scarcely to be paralled.

We therefore (in behalf of that part of this province to which we be-
long) in a deep sense of our duty to God and gratitude to your Lordship
do most gladly embrace this seasonable opportunity of making a due re-
turn of our humble and unfeigned thanks for the many favors your
Lordship hath been pleased to confer upon us, but more particularly for
your recommending us to the care of so good and worthy a man, whose
prudent and pious example is well worthy our Imitation, suitable to and
adorning his profession (a blessing in no place wanted more than in this)
wherefore we conceive it our further duty to acquaint your Lordship that
the Reverend Mr. Gordoru is universally approved on by all in General
amongst us, whose sweetness of disposition and spotless conversation is
so highly engaged together with his most excellent and practical way of
preaching, as hath prevailed even with the very enemies of the Church
to be silent at his deserved applause. We thei-efore most heartily lament
his leaving us so soon, but hope for his speedy return (of which we have
obtained his promise and doubt not of his performance) assuring your
Lordship that in the interim we will use our utmost endeavours to have
all things relating to the Church in a better posture for his reception re-
solving to employ our utmost interest and zeale to further so good and
excellent a work by our diligent zeal, wherein we hope for the blessing
of Heaven and the continuance of your Lordships favours unto us who
have already been pleased to make us so large partakei's of your Lord-

686 COLONIAL RECORDS.

ships bounty. May the God of all Mercys discharge the great obliga-
tions we of this poor province lye under to your Lordship by multiply-
ing the choicest of his Blessings to your Lordship in this life, in earnest
of an everlasting happiness hereafter, is the most sincere and fervent
prayers of

Your Lordships &c
JOHN ANDERSON 1 Church EDWARD SMETHWICK

THO. GARRET j Wardens WILLIAM BENBURY

W"" DUNKENFIELD WILLIAM CHARLTON

EDWARD MOSELEY THOMAS POLLOCK

THOMAS LUTON JOHN BLOUNT

NICHOLAS CRISP JAMES LONG

[From N. C. Letter Book. S. P. G.]

MR. ADAMS TO THE SECRETARY.

North Carolina, 18th September, 1708.
Sir:—

In my last, by Captain Stuart, I \\ rote you an account, among other
things, what steps I had made in order to administer the sacrament of
the Lord's Supper to such as should be religiously disposed ; but our
unhappy distractions which immediately followed, and the flame the
country has continued in ever since, broke my measures as to that, and
has made me desist till it shall please God to put an end to the confusion
and contentions the whole province is engaged in.

I shall not trouble you with a long narrative of the unhappy circum-
stances this country at present lies under, because Mr. Gordon can inform
you by word of mouth, and, I believe, show a copy of the true state of
this province, written by our president, in whose sincerity and integrity
vou may confide, and who has been no small suft'erer for his affection to
the Church. I shall only add, that, in general, there are three sorts of
people among us: many religious and true members of our communion,
some Quakers, and most bred up in ignorance, who neither know nor
profesf* any religion at all ; and of these last it is to be hoped our Saviour
has a plentiful harvest to be reaped. The Quakers, though not the sev-
enth part of the inhabitants, yet, by the assistance and contrivance of
Archdale, a Quaker and one of the lords proprietors, iiave in a manner
the sole management of the country in their hands, and of late years have

COLONIAl. RECORDS. 687

at their pleasure })r()eure(l ;i revolution of government as ofk-n as he that
sat at the helm seemed to f'avoi- our C'hureh, ov eudeav(ired to make any
provision for the ministry ; and if the grievanees of the country be not
speedily redressed by the proprietors, the Quakers, in eonjunc^tion with
the Presbyterians (who always, in hopes of preferment, side with those
who are in a capacity to promote their interest), will bear down the
Church; and instead of our making proselytes, we shall, I am afraid, be
hardly able to keej) what we have from being perverted and seduced in
this place of so great ignorance and enthusiasm. Beside, we shall be en-
gaged in perpetual broils and quarrels (as we are at present) ; for our old
worthy patriots, who have for many years bore rule in the government
with great applause, cannot without concern and indignation think of
their being turned out of the council and places of trust, for no other
reason but because they are members of the Church of England, and that
shoemakers and other mechanics should be appointed in their room,
merely because they are Quaker preachers and notorious blasphemers of
the Church ; some of which have declared that, till the Prince of Wales
be proved a bastard, the (jueen can have no pretensions to the crown of
England. We are in hopes the lords have been imposed upon by Arch-
dale, antl that we shall be redressed from England according to the char-
ter and laws of our country.

In the mean time I shall, by the grace of God, endeavor to behave
myself with such moderation, diligence, and fidelity, as not to prejudice
the great cause I have in hand.

That part, of the country where I am, designed by this fleet to have
sent an address of thanks to the society for my being sent among them ;
but, at my request, they have desisted till our animosities and heats
(which already have not been without blood) be composed, and I give a
further proof of my ministrv.

That I may punctually observe your iastructions and commands shall
be the constant and faithful desire of, sir,

, Your most obedient servant,

JAMES ADAMS.

COLONIAL RECORDS.

[B. P. E. O. B. T. Virginia. Vol. 13. O. 13.]

COLL: JENINGS TO THE LORDS OF TRADE.

Virginia, September 20"" 1708.
( Extract.)
May it please your Lordships,

* ******

I am informed from North Carolina that there are very great coin-
mottons in that Government occasioned principally by the Quakers, who
after they had prevailed with the I^ords Pi-oprietors to turn out the
Deputy Governor and give tlie Council (who were mo.st of their perswa-
sion) a power of chusing their own President, made choice of one M''
Glover, and because they did not find him for their Turn voted him out
again, they have had the cunning to sett all that Country in a flame and
all but themselves in arms against one anothei'. It would be tedious to
trouble your Lordships with an account of the proceedings of the sev-
eral partys w"** look liker the freaks of Madmen than the actions of men
of reason, there has already been one man unfortunately killed in the
Fray, and tho tis said that they ai-e coming to an accomodation, yet by
the best information I have it is not like to end so. I thought it my
duty to acquaint your Lord*"" with this as it happens .so nigh her Maj'"
Colony : tho I hope it will have no ill consequences as to us. I am, my
Lords

Your Lord'P' mo.st faithfuU and obedient serv'

E. JENINGS

[From the MHS. Records of thk Friends Monthly Meetings in
Pasquotank Precinct.]

At a monthly njeeting held in Pasquotank y' ll"" of y'' first month
170-|- friends met as their manner is, to Inspect into y^ atfairs of y^
Church Zachariah Nixon and Elizabeth Synions appeared before this
meeting the second time & declare their Intentions of taking Each Other
in Marriage and being approved of by the .said meeting are left to their
liberty to take each other

It is agreed on by friends of this Meeting that the Monthly Meetings
henceforward be kept at the Meeting Houses at Symons Creek & New-
begun Creek beginning first at Symon's Creek

COLONIAL RECORDS. WJ

[From N. C. Letter Book. S. P. G.]

GOA\ GLOVER TO LORD BISHOP OF LONDON

Hampton in Virginia

25 Sept 1708
My Lord : —

Beside my own obligations of duty and i>nititudf, I am engaged by
the repeated applications of many of the inhabitants of this place, to
offer thanks for your lordship's care over us, and es])ecially in behalf of
the j>arish of I'ascotank, where an orderly congregation has been kept
together by the industry of a yonng gentleman whom the parish em-
ployed to read the service of the Church, as the law of this place, for
want of a minister, doth direct. This gentleman Ijeing of an nnblem-
ished life, by his decent behavior in that office, and by apt discourses from
house to house, according to the capacities of an ignorant people, not
only kept those he found, but gained many to the Church in the midst
of its enemies, insomuch that the Reverend Richard Marsden, waiting
here for a passage to South Carolina, thought it convenient to administer
the sacrament of the Lord's Supper, which is the first time I can learn
of its being administered in this poor country ; this was done on Trinity
Sunday, 1706, and the same day, forty-five persons, infants and adults,
were baptized.

If any thing, my lord, in this life was able to raise in my breast a joy
without mixture, it was to see unbaptized parents, with their children in
their arms, offering themselves to Christ, which I liave seen, and therefore
I ever will rejoice.

_This, with the adjacent parisli of ('aratuck, is now under the care of
the Reverend James Adams, to their general satisfaction, whom they
have presented to the small provision of £30 j^er annum each, which our
law appoints. The Reverend William Gordon did not find things in so
good order in the other two parishes of Chowan and Perquimans, yet I
hope the account he will give of his reception will be in some mea^sure
satisfactory. It lyeth somewhat on me to make an apology for the vestry
of Perquimans, where I live; it is the place where Quakerism has mostly
prevailed, and thereby attended with difficulties, for which cause their
vestry adjourned their meeting, to have gained the little advantage of my
company, till time insensibly slipjjed from them whilst I was engaged in
the unhappy troubles which the enemy, alarmed at the coming over of
these worthy gentlemen, has raised against me ; under which I still labor,
83

690 COLONIAL RECORDS.

with patience, until the lords proprietors shall apply some remedy to the
present disorders, to whom I have faithfully represented the whole mat-
ter. By the Reverend William Gordon, who is the bearer hereof (while
we bewail his absence here), your lordship will have a more particular
account of the state of affairs, as also a copy of the act passed here relat-
ing to the Church, in which there is one great error, which was not in
my power to prevent, viz., "the subjecting the clergy to be judged by lay-
men;" although that clause was never interpreted, even by the most
zealous assertors of it, to extend to a power of displacing those who were
orderly presented and inducted, but only such as came by (rhance and were
agreed with from year to year, as the manner has been formerly among
our neighbors of Virginia. I shall only add further, that that clause
had not been thought of by the composers of that law, had not the dis-
orderly behavior of Mr. Bi'ett given the occasion.

I most earnestly beg your lordship's pardon for this trouble, and your
prayers for this poor country, and in it for me the most unwoi'thy.
Your lordship's most dutiful

And ever bounden servant,

WILLIAM GLOVER.

[B. P. R O. B. T. Va. 58. Virginia Councii..]

October the 19'" 1708.

The Councill this day having taken into consideration the severall
Inquirys sent from the Right Hon"^ the Jjords Comm" for Trade which
were communicated to them by M' President agreed to the following an-
swers. Viz*

As to that part of the said Inquirys which concerns the removal of
the Inhabitants of this Colony into our neighbouring Plantations & the
way to prevent the same.

The Councill are humbly of opinion tliat the chief cause of this Re-
moval is the want of Land to plant and cultivate the most convenient
Land vet unpatented being in pamunky neck & on the South side of
Blackwater Swamp, and that shutt up by the orders of the Government
this has occasioned many families of old Inhabitants whose former plan-
tations are worn out as well as great nimiber of young people & servants
just free to seek for settlements in the province of North Carolina where
Land is to be had on much easier Termes than here, & not a few have

COLONIAL RECORDS. 691

ohtaiiied grants from that Government of'tlie very same land which they
MduUl have taken np from this, if liberty had been given for it. For
preventing whereof it is humWy proposed that the bounds between Vir-
ginia & Carolina be settled as soon as may be, and that free liberty be
given to all persons to take up Land anywhere within the bounds of
Virginia on the Terms mentioned in the Charter granted by his Majesty
King Charles the second and according to the constant Custom of grant-
ing Land in this Country from the first settlement thereof

Another cause of the Removal of our Inhabitants is the exemption
granted in most of the proprietary Governments for being sued for debts
contracted in other places, this encourages a great many people of uneasy
circumstances or dishonest inclinations to run thither to avoid their cred-
itors & secure themselves a safe retreat, & even in the Province of North
Carolina where Virginia debts are pleadable there are such difficulties in
the prosecution thereof, partly by the distractions of that Country which
has no settled Government & partly by the protection those debtors find
among persons of the like circumstances & principles that it is but lost
labour to sue for them.

* * * *

As to the Inquiry how & in what particulars the trade of this country
is increased or decayed & the reason of such increase or decay.

It is answered that there can't be an exact estimate made how much
Tobacco is exported from hence, that being best known to the Hon"*
Commissioners of the Customs but it is very plain the production of that
manufacture has been increasing for sev" years, as on the other hand the
value thereof hath proportionally decreased, which we conceive is occa-
sioned by the great number of negros imported and the increase of the
Inhal)itants, who being only iraployed in that manufacture, there is much
more made than can be possibly vended to any advantage. Another branch
of the Trade of the Country is the Indian Trade for skins & furrs in
which great quantitys of Course Cloths fi-om England, powder, shott, gunns,
hatchetts etc have been vended annually, but that Trade is now like to be
totally wrested out of our Hands by the Government of South Carolina
who under pretence that the Indian Nations with whom we Trade live
within their Government take upon them to seize the effects of our
Traders & to impose high dutys equall to a prohibition on all Commod-
itys carrie<l thither from hence, and the like on the skins brought back
this is a new & strange pretence tiiat Virginia who traded with those
Indians before the name of Carolina was known should be now abridged
especially since most of the Indians with whom we Trade live some hun-
dreds of miles from anv of the Inhabitants of Carolina.

692 COLONIAL RECORDS.

[B. P. K. O. B. T. Virginia. Vol. 13. O. 24.— Extracts.]

COLONEL JENINGS, PRESIDENT OF THE COUNCIL OF
VIRGINIA TO LORDS OF TRADE.

Virginia November y' 27'" 1708
May it please yo'' Lordships

As to the number of Inhabitants of this Her Majesty's Colony, ac-
cording to the list of Tithables taken tliis year (\v'^ is the be.st way to
Judge of their number) I have computed the labouring Tithable persons
to be about thirty thousand, whereof about twelve thousand Negros, the
rest being almo.st all Free men ; for the number of white servants is so
inconsiderable, that they scarce deserve notice, so few having been im-
ported since the beginning of this War. So that by comparing the pres-
ent Iji.st with tho.se of former years, the number of Tithable persons
(among which are included all masters of familys and their male chil-
dren above the age of sixteen) have increased within these three years
about three thousand, partly by the Natives coming of age, but chiefly
by the importation of Negros. It is possible that when yo' Lordships
shall compare this Estimate with the List of Negros impoi'ted of late
(w"'' in obedience to your Lordships commands I have sent in another
Letter) yo' Lordships may be induced to expect a far greater encrease to
our number, but to satisfy your Lordships tiierein I beg leave to ac-
quaint yo"" Lordships, that besides the distempers usual among new
Negi'os w'^'" carry off not a few of them, many of our poorer sort of
Inhabitants daily remove into our neighboring Colonies, especially to
North Carolina which is the reason that the number of our Inhabitants
doth not increase proportionally to what might be expected.
My Lords

Your LordP^ most obedient Serv'

E. JENINGS

COLONIAL RECORDS. 69^

[B. P. R. O. B. T. Virginia. Vol. 13. O. 21.]

LETTER FROM COLONEL JENINGS, PRESIDENT OF THE
COUNCIL OF VIRGINIA TO LORDS OF TRADE.

Virginia November y' 27*" 1708
May it please yo' Lordsps,

It was the 11'" of last rnoneth and the Fleet then sailed, before I had
the honor to receive yo'' Lordships of the 15'" of April concerning the
Negro Trade Since which I have endeavoured by the means of the proper
officers, and the informations of the ancient Inhabitants, to answer Yo''
Lordps Commands, and in Order thereto have herewith sent yo'' Lordships
an account of all the Negros imported into this Colony from the 24'" of June
1699 to the 12'" of October last past distinguishing those imported by the
Royal African Company (679), and those by seperate Traders (5928),
wherein yo'' Lordships will perceive the latter have had much the greater
Share. As to the particular Rates at which those Negros have been
sold, they have been variable according to the different times of their
coming in and the quality & ages of the Slaves, but the medium for men
& women may be reckoned from 20 to 30 pounds a head for those sold
by the Company & from 20 to 35£ a head for the like kinds sold by the
seperat« Traders, who in gen" have sold theirs at a higher rate than the
Company.

How the Country was supplyed with Negros before the Trade to Af-
rica was laid open in the year 1698. I have endeavoured to Inform my
Self from some ancient Inhabitants conversant in that Trade as well as
by recollecting what hath happened in my own knowledge, & find that
before the year 1680 what negros were brought to Virginia were imported
generally from Barbados for it was very rare to have a Negrer ship come
to this Country directly from Africa since that time, and before the year
1698. the Trade of Negros became more frequent, tho not in any propor-
tion to what it hath been of late, during which the Affrican Company
sent several Ships and others by their Licence (as I have been informed)
having bought their Slaves of the Company brought thenx in hither for
Sale, Among which I remember the late Alderman Jeifrys & S'' Jeftry
Jeifrys were principally concerned, but all this time the price of the
Negros was currant from £18 to 25 per head for men and women & never
exceeded that Rate. Whether the opening the Trade to Africa having
created an Emulation between the Company and the Seperate Traders

694 COLONIAL RECOEDS.

which should ovitbid the other in tlie pureha.se of their Slaves there, or
whether tlie dexterity of their Factors there in taking advantage of the
prevailing humour of our Inhabitants for some years past of buying
Negros even beyond their abilities, or the Concurrence of both, hath
raised the Rates of Negros so extravagantly I shall not pretend to de-
termine but this I may venture to say that it will be much harder to
lower the price again now tis raised unless there be the same Freedom of
Trade continued as formerly for tho the Inhaliitants of this Country in
gen" will not be so fond of purchasing Negros as of late being sensibly
convinced of their Error which has in a manner ruined the Credit of the
Country yet there will still l)e some that must, & others that will at any
rate Venture to buy them, & if the Company alone have the Manage-
ment of the Trade, they'l find pretences enough to keep up the price if
not to impose what higher rate they please, wh'wh the buyer nuist sub-
mit to, knowing he cannot be supplyed by any other hand. As for Ves-
sells trading directly from this place to the Coast of Africa I never knew
of any nor is the same practicable this Country not being provided with
Coraoditys suitable for carrying on such a Trade. This is the best ac-
count I am able to give in Answer to yo' Lt)rdships Commands, wherein
if I have failed or mistaken in any point I beg yo"' Lordships favourable
Construction thereof Since I can with trutli assure j'our Lordships that
no man hath a greater Desire to serve yo'' Ijordships than
My Lords

Your Lordships

most obedient servant

E. JENINGS

[B. P. R. O. North Cabolina. B. T. Vol: 4. p. 158.]

His Excellency William Lord Craven Palatine. The most Noble Henry
Duke of Beaufort. The Right Hon"^ John Lord Carteret. The
Hon"' Maurice Ashley Esq' S' John Colleton Bar' John Danscjn Esq'
and the re,st of the true and absolute liords Proprietors of the Province
of Carolina.

To Our Trusty and Wellbeloved Edward Tynte E.sq' Governor of our
province of North and South Carolina

Wee the said true and absolute Lords proprietors of the province afore-
said. Reposing Special trust and confidence in the Courage Loyalty and

COLONIAL RECORDS. 695

prudence of you our said Governo' Do hereby constitute and appoint you the
said Colonel Edward Tynte during Our pleasure Governor of our whole
province of South and North Carolina and you are to do and execute all
thinjjs in due manner that shall belong to you CV)nimaud Or the Trust
we have Reposed in you according to the several powers and directions
granted and appointed you by this present Commission & Our Instruc-
tions And by such further powers & instructions as shall at any time
hereafter be Granted and appointed you vnder our handes and seals ac-
cording to such reasonable I^aws & Statutes as already have been Ratified
and confirmed by vs or hereafter shall be made and agreed upon by you
with y° advice and consent of Our Deputies and General Assemblies of
our said province or any part thereof wherein there is a distinct Goverm'
And we do hereby further Impower Constitute and appoint you our said
Governor To be Admiral Captain General and Commander in Chief of
all the Forces Raised or to be Raised both by Sea and Land within Our
said province and over them to appoint a Lieutenant General or Lieu'
Generals Vice Admiral or Vice Admirals both in South and North Caro-
lina And over such Forces aforesaid to ap2)oint all Officers whatsoever
and them to amove and remove at your will and pleasure and to cause
the said Forces to be exercised in Arms as often as you shall see fit And
we hereby give you full power and authority to appoint Governors and
Lieutenants and other Officers as well of our Town & Citadell of Charles
Town as of all other Castles. Forts and all other places fortified or to l)e
Fortified within our said province and to do all other things as to a Cap-
taine General or Commander in Chief doth belong And We do hereby
further Authorize and Impower yon by and with y* advice and consent
of any four of Oui- Deputies and Geucrall Assembly t(j Repeal or alter
any Laws whatsoever in Onr said province as shall be thought fit to be
changed and to enact all such reasonable Laws and Statutes for the better
(Tovernment of Our s'' province as you with the advice and consent of
any four of our Deputies and the General Assembly shall think fit and
expedient provided such Laws be not repugnant to the Laws of England
nor invading of any the prerogatives Rt)yal Granted to us by Our Char-
ter and we do hereby authorize and Lupowcr you in case of v"^ departure
from thence to appoint a Deputy Governor & Governors in South or
North CJarolina with such powers as you shall think necessary Provided
the same be agreeable to and do not exceed those by us Granted to your-
self and to constitute and appoint all and singular Officers and Offices in
and Government of Our said province during your pleasure and the
pleasure of us the Lords propriet" And We do furtJier give vou full

696 COLONIAL RECORDS.

power and authority with tlie advice and consent of any four or nu)re of
Our Deputies to Grant & sell our I^ands in fee both in South and North
Carolina after the rate (jf 20£ for every 1000 acres and with the yearly
quit rent or aeknowledgem' for ever to us and our heirs of 10s payable
for such 1000 acres And also to Sell & Lett Our Lands not exceeding
640 acres to any one person in that part of our province call* South
Carolina. Reserving only one penny yearly for each acre And in N
Carolina reserving only one half penny for each acre to us & our Heirs
for (n-er and to let Lands in that part of our province reserving a quit
rent of an halfpeny an acre And We hereby Irapower you to Escheat
Land and afterwards to Lett it for Rent or sell the same for our use
Ijastlv We do hereby revoke repeal and make void all former Commis-
sions whatsoever by us given to any former Governor or President of
Our said Province of Carolina or any part thereof Given under Our
hands and the Great Seale of Our Province at Craven House this ninth
day of December One thousand seven hundred & eight

M ASHLEY

CRAVEN Palatine BEAUFORD ptSJ^^l ir^?^u???^'
CRAVEN for the L" CARTERET rgy,;;^r1 ^^ for JOSBLAKE

JOHN DANSON

[From Pollock's Letter Book.]

* * * * President Glover's writ for choosing Assembly men be-
ing read by the Deputy Marshal Daniel Halsy, and Col Gary's writ like-
wise read by one Robt Fendale whom Col Cary had appointed for that
end, the people went to electing: and five being chosen, the electors were
polled, being ninety four, and those against them being like\vise polled
were only sixty five, counting several that were but boys and otherwise
unqualified. Notwithstanding which fair election, M' Moseley not ap-
proving of the choice, he with those others being in all but sixty five,
would needs name other five by themselves, and ]\I'' Moseley and some
others of his party making all the confusion they could in the time of
election, and endeavouring to stir up strife and quarrels among the peo-
ple, which if Col Pollock (being on a plantation of his that joined on
the election field) had not hindered and pursuaded the people to keep the
peace, would have ended in blows.

COLONIAL RECORDS. 697

On the eleventh of October the assembly men met at Captain Heckle-
tields, nine coming for Chowan precinct, five of which were retnrned by
the Deputy Marshall, as chosen by the majority, with the electors' names,
being ninety four : and Robert Fendall whom Col Cary had appointed
.... returned both the five chosen by the majority: also the other five
chosen by M"^ Moseley and his party, being but sixty five, including boys
and all, four of this last five only appearing; the other, thinking his
election not to be legal stayed at home. all the nine, presently on

their meeting, were (commanded, by the rest, out of the House, and then
immediately the four chosen by M"' Moseley and his party called in again,
M'' Moseley himself being one of them ; and the other five v\ ho were
chosen by the majority were forcibly kept out; and could not so much as
hear what they had to say ; and then chose M" Moseley speaker, and
presented him to Col Cary and his pretended council.

Indeed it could not be expected otherwise, there being but twenty six

assembly men in all, so but twenty one, of which 21 eight

the Law requires county of Bath whose interest it was to

stand by Col Cary, for fear of being called to account for that seditious
Petition before mentioned; and two or three of the other seven from
Pasquotanke of the Quaker's choosing them, so that the five from Cure-
tucke could do nothing against all the rest, only some of them left the
assembly Then the instrument of writing, or Commission, from the Lords
Proprietors, that M" Porter brought from England, aforementioned being
laid before the pretended assembly, after having heard it read, they car-
ried it by vote, that the Lords Proprietors had not only by that writing
suspended the Law made in Col Carys time before mentioned, that laid
a fine on any person that should promote ( own) Election, and not
(juality hinist^lf et cet: but also that the Lords Proprietors, by the said
writing had suspended likewise that Law, made in Col Daniels time be-
fore mentioned, which requires all person in any place of trust or profit
to qualify themselves as the law requires et cet. which Law is not in the
least mentioned in the said writing. And they might even as well (have)
voted and all this was voted and and acted before (jualifying themselves,
clearly contrary to the statute made the 20"" of Charles 11** cap I But
they took little notice of Laws or Statutes

Now by the articles of agreement the Assemblv were to determine who
had the most right to the Presidentship: Col Cary and his Council keep-
ing in one room, and President Ghjver and his Council in another room :
and Col. Daniel, by being a I^andgrave, having a right to sit in the upper
House with the Deputies, used sometimes with Col Cary in his room,
84

698 COLONIAL RECORDS.

but mostly with President Glover, being fully pursuaded of his right to
the Government.

President Glover, not to be wanting to himself, put in the following
writing or protest to the pretended assembly, delivering it to one of the
Assembly men, (it) being as follows.

"In order to the settling this Government in peace, and to put Her
Majesty's Laws in execution according to the true intent and meaning of
the agreement between the Hon. Thomas Pollock and Col. Thomas Cary,
it is absolutely necessary, and I do require, that the Gentlemen returned

on the Elections should choose themselves a Speaker, and qualify

according to law. and I ... said members be made to an

Assembly not to a number of persons coming together, no body knows
who. Besides it is contrary to all Law, reason, and in a very high de-
gree derogatory to the Queen's Royal Prerogative, and a betraying of
the trust reposed in the Lords Proprietors by the Crown, to snbmit the
determinations of the Government to «ny immber of men howsoever
chosen and delegated, though liv the unanimous voice of the whole coun-
trys Except such persons shall first acknowledge their allegiance to the
Queen, which both the Common Law and the Statute Law requires to
be done by an oath : with which Law the Queen hath not, and the Lords
Proprietors can not dispence. For in doing otherwise we may give the
Government iij) to be <lisposetl by persons who are traitors t(_) the Queen,
or maintain the right of the pretended Prince of Wales, and then to such
an Assembly I undertake to prove three things : First, that I am the
lawfull President of Her Majesty's Council, and that the Execution of
their Lordships's commission does belong to me and no other; Secondly ;
that Col Thomas Cary is not President nor hath been lawfully possessed
of, or is invested with any power of Government in this place since his
dejiai-ture to South Carolina ; Thirdly : that though the power of pro-
ceeding should extinguish in me by death or Command of the Lords
proprietors, the said Col Thoinas Cary is not cpialilietl to be P^lected Pres-
ident, or to exercise any such power. But if the Gentlemen now met
together do assume to themselves an arbitrary power to proceed by any
other method, I do, in behalf of our Sovereign Lady the Queen, His
Excellency the Palatine, and Ijords Proprietors, and of this

Province of North Carolina, protest against all such proceedings; and do
as President of the Council and Commander in Chief of this Province,
by virtue of the Lords Proprietors commission, and with the advice of the
council declared by proclamation dated the 13th of May Anno 1 708, strictly
charoe and command all masestrates, commanders, and officers both mil-

COLONIAL RECORDS. 699

itary and civil, and all other His Majesty's loving subjeets, not be aidinii;
or assisting in any such arbitrary power, as tliey will answer the con-
trary at their peril. Given under my hand and seal l]''' tlay of October
in the seventh year of the reign of our So\'ereign Lady C^neen Ann of
Great Britain &c anno 1708.

And for as much as by your irregular and unlawful! nation

in a matter of such consequence, I do (in the name) of our Sovereign
Lady the Queen, His Excellency the palatine, and Lords Proprietors of
this Province' of North Carolina, and freeman of the same and in my
own behalf, protest against all you have done or shall do against me or
to my prejudice and against anything acted or done under my adminis-
tration, and becanse Col. Thomas Cary hath publickly threatened and
avowed sureptitiously and without form of law to take away my life,
and the lives of others that have in pursuance of their duty been aiding
and assisting to me in maintaining the Queen's peace in this Government,
I do therefore in behalf of myself and them and every of them, appeal
to our Sovereign Lady the Queen in Her Courts at Westminster ; and
do oifer myself as the Queen's prisoner, to be sent in chains if the mat-
ter so require, to the Governor Generall of Carolina, and thence to Her
Majesty's Courts at Westminster : Provided, that the said Col. Cary and
M' John Porter, who have been the chief instruments of these unhappy
troubles, will be obliged with good security in the sum of two thousand
povmds personally there to appear and prosecute me.

Dated the day and year above said.
To the Gentlemen met and pretending \ W" GLOVER

themselves to be the House of Burgesses J

This protest was returned to President Glover by same member of the
Assembly to whom he delivered it, with the pretended Assembly's an-
swer, that they would not concern themselves in that matter.

Now as for the Counties qualifying themselves. Col. Cary, M' Porter,
and Mr Foster took the Oaths according to Law. But the Quakers
would shew themselves singular coming to the table in the Council with
their hats on, laid their hand on the book and repeating the words of the
Oath, except the word swear, which they would not pronounce, but word
Declare instead thereof, and then having had their explanation of the
sense and meaning in which they took it entered underneath they sioned
it, without kissing the book, and declaring they would allow that sense
and explanation of theirs and no other

700 COLONIAL RECORDS.

[FuoM Pollock's Letter Book.]

A Copy of a Letter to M' Gordon Minister at Chowan, inclosed in

M' Glover's I^etter, to be sealed and delivered to him at by him

Sir

Since yon went from ns, confnsion and disorder have proceeded in their
full course, of which President G(lover) can give you a full account, and
I doubt not the justness of the cause. The zeal you have for religion,
and the charity you have for the souls of the people of North Carolina,
who are now (covered) with the dark clouds of Quakerism, envy and
ignorance, will prompt you to use your utmost endeavorer to be helpful,
what you can, to dispel the aforesaid clouds, that again we may enjoy

the sunshine of religion justice and order. With you I should

then be highly pleased to enjoy the of your company here, and

you may assure to command all that lies in my power. I would

entreat the favour of you to acquaint me by all of the proceedings in

that affair, with infinitly oblidge

Yr T. P.

Sir

Please to direct your letters for me to be left at M' Mingo Engliss's,

at Queen's Creek, near York River M' James Wallace, Minister at Kro-

atan (?) or Capt Richard Exum's (?) near Nansemond river.

Sir. Yr

T. P.

[From N. C. Letter Book. S. P. G.]

CHURCHWARDENS OF CHOWAN PRECINCT TO THE
SOCIETY

Right Honorable

That the lilessed effects of your Lordships pious and generous favours
and noble distributions have found their way into this poor province into
this remote and obscure corner of the world requires our highest admira-
tion and gratitude by which it is evident to all mankind that no part of
the Christian World how mean or obscure can possibly escajie being made
partakers of your Lordship's Bounty and care, a blessing so choice and
valuable and an obligation so great (if duly considered) as might snfti-
ciently excite tiie most obdurate and impeintable wretches to a true sense
and knowledge of their duty. My Lords, We therefore conceive it the
least part of our duty by this happy opportunity to pay the reasonable

COLONIAL RECORDS. 701

tribute of our luimble and unfeigned thanks for your Lordship's genei-
ous christian and affectionate remembrance of us, in your present of
Books by the Reverend M' William Goiden, a gentleman every way duly
qualified to perform an embassage from such Honorable Employers, who
hath not only discharged his trust in the delivery of them, but likewise
annexed his advice thereto, and during his short stay amongst us hath
indefatigably employed his time and talent in promoting the Interest of
Religion throughout this province, but more particularly in this precinct
where we have so far as in us lies engaged him to ourselves, and shall
impatiently wait for his return.

My Lords, our most hearty and sincere wishes are that we and all
others jjartakers of y(jui- Lordship's Bounty, may in some degree be
found worthy of so eminent blessings : May future ages never want such
renowned heroes to defend their Christian Cause, may your Lordship be
blessed with a happy and flourishing posterity to inherit your Lordship's
virtues and since your Lordships are most deservedly placed in Honora-
ble stations on earth, may the mansions of Saints and Angels be your
portion in Heaven ; may on constant scene of health and happiness at-
tend your Lordships throughout their vale of tears to your everlasting-
home is the most fervent prayers of
My Lords

Your Lordships most obliged
most humble aud most
aflfectionate Servant

JNO ARDEANE \ Church
THO: GARRETT j Wardens

1709.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestrv held at the Chapell on Thursday the 27"" of Febr^
170|

Present.
John Ardern Esq' M' Thomas Garret.

M' John Blount M' Edward Smithwick

Cap' Thomas Luten M'' W" Banbury

Cap' Nich' Cri.sp M" W" Charleton

Cap' James Long M"" Edward Moseley.

702 COLONIAL RECORDS.

Thoina.s Garrett and John Ardern being this Day dismist from the
(jffice of Church Wardens adjusted their accounts with tlie Vestry which
stands as followeth: Viz'

Pnblick Dr.

£ S D

Widow Dick's Chum 2: 0

f W" Waist on 1: 10

By M" Blount 2: 0

By John Ardern Sterling 0: 5

f M' Gordon 8: 0:

■^ a late Demand of M'' Gordon 1: 0

'^ M"' Gordon's Expenses about the books 0: 15

i Rich" Booth 3: 0:

Cr. £ s D

'^ Cnrretuck and Pasquotanck Fines 1: 10: 0

f Ballance of Widow Dick's account 1:19: 2

By 500 feet of Inch board by M" Smithwick towards laying

the Floor " ' 2: 10: 0

But if the payment of the said three pounds be found a mistake. Its
to be refunded back— f M' Griffin £20: Os: Od

Ordered that the Collector of this precinct do collect from each Tyth-
able the sum of two shillings and Nine Pence, which rise sufficient to
pay the pnblick Debts here mentioned and will advance the sum of twelve
pounds towards the beautifying of tlie Chappell over and above the charge
of the Collection.

Ordered that M"^ Edward Smithwick do with all reasonable expedition,
deliver the Standard now in his custody into the care of IVP Nicholas
Crisp he living more convenient to the precinct.

Ordered that M' John Linnington be constituted Clerk of the Vestry,
and be allowed for each days attendance five shillings to be paid by the
pnblick.

Ordered that the way and method of beautitying the Church be left to
Descretion of the Church Wardens foi' the year ensuing Viz enlarging
repairing &c

Ordered that Edward Moseley Esq and Maj'' Luten be appointed
C'hurch Wardens for the year ensuing and have taken there places accord-
ingly.

COLONIAL RECORDS. 703

[B. P. R. O. B. T. Virginia. Vol: 40. p. 258.1

LORDS OF TRADE TO THE QUEENS MOST EXCELL'
MAJESTY

U'" March 170|.
May it please your Majesty

For prevention of" further disputes y' may happen between your Maj-.
esties Provinces of Virginia and Carolina, in regard to their Boundaries ;
we having by our Representation to your Majesty of the 1"" of Febru-
ary last, humbly proposed that the said Boundaries be settled, and that
Commissioners duly qualified be respectively appointed on the part of
each of these Governments, with full powers to take Depositions, to sur-
vey or cause a survey to be made of the lands in dispute & to do what
may be further necessary for the better ascertaining and fixing the said
Bounds by a line or lines of DIvition to be drawn between the said Prov-
inces ; and we having therein further proposed that the Lords Proprie-
tors of Carolina, do oblige themselves (by a clause to be inserted in the
Commission to be by them given, or by some other Instrument in Writ-
ing) in case the said Commissioners do not within a reasonable time (to
be prefixed) settle the said Boundaries, to submit the Determination of
that matter to your Majesty. Your Majesty was thereupon jjleased b\-
your Order in Council of the l."]"* February last to direct us to propose
to the said Lords Proprietors of Carolina, the Issuing of such a Com-
mission as aforesaid.

In obedience whereunto we fbithwith write to the Lords Proprietors of
Carolina and iiave now received their answer, the pnr])ort whereof is, that
they have appointed John Lawson and Edward Mosely Esq""" to be Com-
missioners on tiie part of Carolina for surveying the lands in dispute
and settling the Boundaries as aforesaid. And in their said answer they
do further declare, that they are willing in case of any dispute between
the said Commissioners and those on the part of your Majesties Colon^■
of Virginia to stibmit the same to your Majesties Decision.

Wherefore we humbly offer, that your Majesties Royal Letters Mand-
atory, be sent to the Governor or Commander in Chief of the said Col-
ony of Virginia for the time being, directing him in concurrence with
the Councill there to issue out a Commission under the seal of the Col-
ony, thereby constituting and appointing two fit and able persons to be
Commissioners on the part of Virginia to act in conjunction with the

704

COLONIAL RECORDS.

Commissioner,* appointed on the part of Carolina, for the purposes be-
fore mentioned and requiring the said Governor or Commander in Chief
for the time being to transmit to your Majesty under the seal of the Col-
ony an account of such Commissioners Proceeding for your Majesty's
further pleasure therein

Your Majesty having thought fit by your said order in Councill to
refer the consideration of the charges of such Commission and Commis-
sion"^ to the Right Hon''''' the Lord High Treasurer whatever your Royal
Pleasure shall be therein. We beg leave most humbly to propose that
the same l)e likewise signified to the Governor or Commander in Cheif
of the said Colony for the time being-
All which is most humbly submitted
STAMFORD.
PH: MEADOWS.

JN- PULTENEY.
ROB' MONCKTON.
CHA: TURNER.

Whitehall
March H'" 170*.

[B. P. R. O. B. T. Vol. 4. p. 162.]

ADDITIONAL INSTRUCTIONS TO COLONEL EDWARD

TYNTE GOVERNOR OF SOUTH &

NORTH CAROLINA

Whereas by the Second Article of Oui' foregoing Instructions in rela-
tion to the several Laws concerning the Trade and Navigation of this
Her Maj" Kingdom of great Britain and her Colonies and plantacons in
America. You the said Edward Tynte Escj"' are required to take Care,
and give charge that no Goods or Comodities whatsoever be Imported
into or Exported out of Our province of Carolina in any Ship or Ves-
sells but in such whei-eof the Master and three fourths of y° Marriners
at least are English and whereas by a Clause in an Act passetl in the o''''
year of her Maj" Reign Intitutletl an Act for Raising Recruits for the
Land Forces, and Marines and for Dispencing with jiart of the Act for
Encouragm' and increase of Shiping and Navigation during the present
War (C'opy whereof you will herewith receive) it is Enacted that during
the present War, and no longer, the Number and proportion of INIarri-
ners to sail in such Ships or Vessells wliich by Laws now in force are
limitted to the jSIaster &. three fourths of the Marriners to be English

COLONIAL RECORDS. 706

shall he cnlarf;;ed to y° Master and one Moiety of the Marriners at least
to be Enf:;lish It is her Maj'' Will and pleasure that you take Care and
give in Charge to the proper Officer that the said Act be observed in Our
s* province under your Governi' during the present War accordingly

[B. P. R. O. Board of Tradk. North Carolina. Vol. 4. p. 181.]

FURTHER ADDITIONAL INSTRUCTIONS TO COLONEL
EDWARD TYNTE GOVERNO^ OF CAROLINA

You are constantly to transmit to us all Laws passed there as soon as
possible for our approbation

1 You are by and with the advice and consent of any four or more of
our Deputies to adjourn prorogue and dissolve the General Assembly as
often as you shall thinke requisite so to do

2 And that there may be no interruption or delay in matters of prose-
cution and execution of Justice in Our Courts of Judicature within Our
.said province by the death or rcmovall of any of Our Officers Irajjloy'd
therein, Untill we can be advised thereof (Which advi(!e you are to tran.s-
mit to vs the finst opportunity) You are to appoint others to succeed in
their places, and you shall make Choice of persons of known Loyalty
Experience, Diligence and Fidility to be imployed for the purpo.ses
aforesaid until you shall have Our approbation of them or Nomination
of others from hence

You are particularly to enquire into y^ affairs of Rebecca Cox Widdow
And .see that she has ju.stice done her according to the Merits of her Cause

3 You ai'e with the Assistance of Nathaniel Sale Esq'' Our jircsent
Receiver General, and Commi.s" appointed for that purpose to take and
Inspect the Accounts of Ashley Esq'' Our late Receiver General
from the time of his being put in possession of the said Office And after
you audited and approved the same to attest the acc'° according to the
form given to preceding Gov" and such money as shall be received for
the Ballance of such Ace' you are to take particular care that it be trans-
mitted to us with what convenient .speed you can. according as shall be
directed by us

Whereas Landgrave Abel Ketelby hath purchased 5000 acres of Land

of us and paid to us 100^ as y^ purchase mony for the same You are to

direct and Order Colon' Broughton Our Surveyor General to admeasure

and .set out 5000 acres of Land for him the said Landgrave Ketelby

85

706 COLONIAL RECORDS.

according to the Custom and usage of Our province for which you are to
pass Grants to the said Ketelby and his heirs for ever reserving the quit
rent of ten sliillings for every 1000 acres, to be paid to us — our heirs and
assignes for ever

If you Our said Governor should happen to depart the province or
any other ways to be out of the Government and no other pei'son on the
place authorized by you according to the power granted to you by Our
Commission Or if you Our said Governor should happen to dye and
there should be no person on the place Commissioned by the Palatine Or
us the Lords Proprietors Onr will and pleasure is, That Our Deputies
who are made so under Our hands and seals shall choose one of their
Number to be Gover' until another shall be appointed by the Lord Pal-
antyne and the rest of the Proprietors

4 You are to take great care that the Indians be not abused and Jus-
tice be duly administred to them in Our Courts and that you endeavour
your utmost to create a firm Friendship with them & to bring them over
to your part for your better protection & Defence against the Enemy the
neighbouring French and Spaniard against whom you are to protect Our
said Province and We assure you of our utmost assistance for your
security

5 You are to transmit ^o us, as soon as you can conveniently get it
handsomely transcribed a full and exact account of our yearly rents what
they may amount to in the whole and the particular men from whom due
and what from each Man, also what has been received, by whom and
how apply'd, & what Land, to whom, and for what sold

You are to take care that M"^ Wigginton Our Secretary enters into a
Bond to us, with two others very good securities of y" penalty of £1000
Conditioned that he shall safely keep the Records & Papers which shall
be in his Custody as Secretary & deliver them safe and entire when
demanded by their Lordships or any other person or persons authorized
by them

You are to inform yourself of what Acts are fit and proper to be passed
for the benefit of Trade and the good & prosperity of the province for
which you shall have all manner of Encouragement from us

You shall represent to us the state of the Whale fishing and what
further encouragement is proper & fitting for us to give to encrease the
same

You are to take particular care that no land whatsoever exceeding the
number of 640 acres shall be sold to any person or persons whatsoever
without a Special Warrant under the hand and seals of the Lord Palatine
& four of us the Lords Proprietors be first produced to justify such sale

COLONIAL RECORDS. 707

You are also to take care that it be made publick that all land which
shall for the future be sold in South Carolina, the purchase money thereof,
shall be according to the value of Englisii Sterling & the quit Rents re-
served for y" said Land, shall be of the like value & made payable at
Charles Town, with such Covenants, as you Our Gov"' and four more of
the Council shall think fitt And for all Lands sold in North Carolina the
purchase money & y" quit Rents for the same are to be of like value and
madi! payable at Chowan, or at Bath Town. Given under our hands
& seals at Craven house this 24"' day of March 170|

CRAVEN Palatine
BEAUFORT
M. ASHLEY
J COLLETON
J DANSON

[B. P. R. O. N. C. B. T. 7. p. 17.]

Craven House Aprill the 28"^ 1709.
Present

His Grace the Duke of Beaufort for himself and the Palatin

The Hon"' Maurice Ashley Esq"

S'' John Colleton Barr'

John Danson Esq"

M' Mitchells Proposals in the name of some of the Swiss Cantons of
Bern were read and it was then agreed that 10,000 Acres of Land on or
betwixt News or Cape Fear or their branches in North Carolina should
be set out for the Proposers and their Heirs they paying to the Lords
Proprietors £10 purchase money for every thousand acres and 5 shil-
lings yearly as a quitt rent for each thousand acres to the Lords Proprie-
tors and their Heirs forever.

Agreed further that 100,000 Acres be reserved to the pi-oposers for 12
years during which term no 9ther person shall purchase any of the same,
which said 100000 Acres are to be set out by the Surveyor General and
may be purchased by any of the Proposers at the rate above mentioned
during the term of seven years but after that time is expired they are to
pay according to the custome of that part of the Province

And lastly that one of their number be made a Landgrave he paying
for .5000 Acres the usuall purchase money for each 1000 acres the cus-
tomary quit rent for every 100 acres to the Lords Proprietors for the
same.

708 COLONIAL RECOEDS.

[From N. 0. Letter Book. S. P. G.]

MR. GORDON TO THE SECRETARY.

Sir: London, May 13, 1709.

I have already delivered to your honorable board a short account of
my voyage and journey to North Carolina, the effects of my mission, and
the I'easons which induced me to leave the place; and since you desire to
know something further of the state of the country and condition of the
people, in relation to their religion, principles, and practice, I shall (by
the help of the closest and justest observations I could make and the
best informations I could get during my travels through the country)
give you what satisfaction can be reasonably expected from so short
a stay.

The Continent of North Carolina is part of that great tract of land
granted by King Charles II. to several lords proprietors, whose succes-
sors and present possessors are William, Lord Craven, His Grace, Henry
duke of Beaufort, Lord John Carteret, Maurice Ashley, esquire, Sir John
Colleton, baronet, John Danson, esquire, etc., being in number eight.

There are few or no dissenters in this government but Quakers, who
have been always the greatest sticklers against, and constant opposers of
the Church and that with no small success; it will not, therefore, be im-
proper to trace their rise with the privileges and immunities they still
plead and contend for at the present day, to the great disturbance of the
peace of that province, and the hindrance of good laws and other proper
endeavours for its improval.

From the first settlement, I find for some years they were few in num-
ber, and had little or no interest in the government, until John Archdale,
proprietor and Quaker, went over, by whose means some were made
councillors; and thei'e being then no ministers in the place, they began
to increase and grow powerful; for the councill granting all commissions,
in a short time they had Quaker members in most of their courts; nay,
in some, the majority were such, who still, pushing at the government,
were very diligent at the election of members of the Assembly ; so that
what by themselves, the assistance of several unthinking people, and the
carelessness of others, they carried all in that meeting likewise; so far
that no encouragement could be obtained for ministers, notwithstanding
some endeavours which were used to procure them a very small and
inconsiderable allowance.

COLONIAL RECORDS. 709

At last, after many attempts, the Churchmen carried an act, but by
one or two votes, called " The Vestry Act," by which twelve vestrymen
are to be chosen in every precinct, who have power to build a church in
each, and to raise money from the inhabitants for that purpose, with a
sum not exceeding thirty pounds for a minister; whom they have like-
wise (by that act) power, not only to disapprove, but displace, if they see
cause. I took a copy of it and some other papers, but, my servant and
trunk being left behind by an accident, they are not yet come to my
hand.

The Church party thought they had now made a good step, and there-
fore designed to improve it to the advantage of religion, and setting such
a regular Church discipline as the lords proprietors were obliged by their
charter to countenance and encourage; but herein they met with constant
opposition from the Quakers, who, being still powerful in the council,
numerous in the Assembly, and restless in their endeavours, spared neither
pains nor expense to have this act repealed or altered ; and by their con-
tinual cavils and disputes, lengthened out the time of the Assembly's sit-
ting, to their great trouble and charge.

In the year 1704, the law made in the first year of her present majesty,
entitled "An act to declare the oath coming in place of the abrogated
oaths," etc., reached Carolina, which the Quakers refusing to take, they
were dismissed the council. Assembly, and courts of justice, and a law
was made that none should bear any office or place of trust without tak-
ing the said oaths.

Some time after, the Quakers sent complaints against Colonel Daniel,
then governor, deputed by Sir Xathaniel Johnston, in South Carolina.
They prevail : Sir Nathaniel removes him, and sends one Colonel Cary
in his room.

The Quakers then began their old game, and strive to get into the
courts and Assembly again. This governor thereupon tenders them the
oaths, which they refusing to take, are again dismissed, and an act made,
that whoever should promote his own election, or sit and act, not quali-
fying himself first by taking the oaths, should forfeit five pounds. This
so nettled the Quakers that, in the year 1706, they sent one Mr. John
Porter to England, with fresh grievances and new com2)laints to the
lords proprietors, who, by his cunning management, and the help of Mr.
Archdale, a Quaker proprietor, obtained a new commission, by virtue
whereof Sir Nathaniel Johnston's power in that pi'ovince was suspended.
Col. Cary removed, and several new deputations sent by the proprietors,
with power to choose a president among themselves. Thus Porter, hav-

710 COLONIAL RECORDS.

ing procured a deputation for himself and some other Quakers, arrived
in Carolina October 1707, about five months before we reached Virginia.

And here, sir, I could give you a large account of this man's manage-
ment and the use he made of his new commission, with his many tricks
to advance the interest of the Quakers, and the confusion and disturb-
ance of which he was the chief or only occasion, — but this would be as
tedious as his actions are in themselves unwarrantable.

In short, sir, as soon as he arrived, he calls the new deputies together,
being most Quakers (without waiting for the governor and old deputies'
]M-esence, though they had all appointed a day foi" the whole council to
sit, and settle the government according to the lords proprietors' instruc-
tions in that commission), and chooses for their president whom they
imagine would be for tiieir purpose; but he, taking the same method as
their former governors did, disappointed Porter's expectation, who, for
revenge, gets a meeting with both old and new deputies, reverses Glover's
election, declaring it illegal, and so void and null, though he was the only
promoter of it. The president and Col. Pollock, a councillor, protested
against these proceedings; but Porter went on, strikes in with Colonel
Cary, the late deputy-governor, whom he had by his complaints turned
out, chooses him president by the votes of the very same councillors who
had before choosen Mr. Glover, and all this by virtue of that very com-
mission which removed him from the goveriniient. From this sprung
the great confusions in which I left that poor, distracted colony. There
were two competitors for command ; each drc\\' their party in arms to the
field, one man was killed before I came away, and God knows how far
they have carried these contentions since.

I did, at my arrival in England, lay the whole state of these affairs
before the lords proprietors, who, no doubt, will take a speedy and efPec-
tual method, not only to suppress the present, but prevent such disord-
ei's for the future; and there is now a gentleman appointed governor of
that province [Hyde] who, by his prudence, will in all likelihood cool
the present heats, and lead them on gently toward a regular and lasting
establishment, to the advantage of the proprietors and peace to the
country.

And now, sir, I shall examine a little the Quakers' pretences, who
plead that they were the first settlers in that country; but this (according
to the best accounts I could get) seems false in fact, — that religion being
scarce heard of there till some years after the settlement ; it is true, some
of the most ancient inhabitants, atler George Fox went over, did turn
Quakers.

COLONIAL RECORDS. 711

They allege they are the chief inhabitants, promoters, and upholders
of its interests; but this must be either by their number, riches, or pru-
dence. As to their number, they are, at this time, but about the tenth
part of the inhabitants; and if they were more, they would be but the
greater burden, since they contribute nothing toward its defence. Neither
is it by their riches, there being but few or no traders of note amongst
them ; beside, the levy there is raised per poll, and not by the estimate
of men's estates, so that the poorest pay as much as the richest. And it
is so far from being by their prudence, that on the contrary, their igno-
rance and obstancy are but too remarkable uj)on all occasions, of which
they have given a very evident proof by being the great prijmotei's of
the present confusions of that colony ; so that I see no right they have
to such a share in the government as they pretend. The charter, I am
sure, grants them none, nor does it give power to the lords proprietors to
grant any, neither have they by their constitution done any such thing;
and if there be any privileges granted to the inhabitants, it is to such
only who bear arms, so that it was other dissenters, not Quakers, they
intended to invite thither by those indulgences. As for liberty of con-
science, none may more peaceably enjoy it, if they would therewith be
content.

I could not but take notice of their irreverent carriage, in subscribing
their solemn affirmation. Mr. Archdale himself uncovered his head to
hear a foolish woman make an unaccountable clamor before meat, at his
own table; but when he subscribed the oaths to be taken for putting in
execution the laws of trade, he did it with his hat on, which is an error
no Barclay has made an "apology" for.

I have observed, amongst the worst of the other sort, when they came
to the Book they showed a reverence, and there appeared an unwilling-
ness upon them, which serves the great end of God and the queen, in the
discovery of truth, whilst the careless and unseemly behavior of those
men is openly scandalous and profane.

I shall now, sir, give you some small account of the particular pre-
cincts. You will see, by the plain draft, the largeness of so much of the
country as is laid down, the bearings of the land, the number of titha-
bles in each precinct. The roads are generally very bad, especially in
Paquimans and Pasquetank, which makes it a very troublesome work for
one minister to attend two precincts.

Chowan is the westernmost, the largest and thinnest seated ; they built
a church some years ago, but it is small, very sorrily put together, and is
ill looked after; and, therefore, I prevailed with them to build another,

712 COLONIAL RECOllDS.

which they went about when I t-ame away. The plan of it I brought
over, and was desired to procure, if possible, from the society, as much
glass as will be necessary for the windows, which by computation will
amount to 325 feet.

There are, I think, no Quakers or any other dissenters in this parish :
the people indeed are ignorant, there being few that can read, and fewer
write, even of their justices of peace and vestrymen; yet to me they
seemed very serious and well inclined, both in public and private, many
of them being very ready to embrace (as far as they could) all opportu-
nities of being instructed. The worst is, that the narrowness of their
sense and conceptions occasions many differences and quarrels amongst
themselves, for which no man can find any shadow of reason, but their
ignorant mistakes of one another's meaning, and upon this account I
found these more frequent here than in any other country I have ever
travelled.

This precinct was one of the two I attended, and being very large, and
divided by the Great Sound and several rivers and branches, was very
troublesome ; however, I was in all the parts of it, baptized almost a
hundred childi'en, distributed those small tracts which were sent over,
settled a schoolmaster, and gave some books for the use of scholars, which
the church-wardens were to see left for that use, in case the master should
remove.

The greatest difficulty I met with was, in some, an obstinate aversion
to god-fathers and god-mothers; neither sense or reason could prevail
with them : in this, therefore, I bent my strongest endeavors with one or
two, who, by their character for sense and sobriety, had some influence
over the rest; with whom having prevailed, all were convinced and fol-
lowed their example; and so they would oftentimes, in any thing else,
without examining the cause or troubling themselves for reasons, this
being a general rule for their practice in all other cases. However, I am
confident they are yet, by the blessing of God on the pious care and pru-
dent conduct of some diligent minister, in a capacity of being made
devout Christians and zealous Churchmen ; whereas, if they be left alone,
the principles (and it is to be feared the practice too) of religion and
morality will be, in a short time, quite defaced.

The next precinct is Paquimans, under my care equally with the other.
Here is a compact little church, built with more care and expense, and
better contrived than that in Chowan; it continues yet unfinished, by
reason of the death of one Major Swan, about September, 1707, who
zealously promoted the interests of religion in general, and forwarded,

COLONIAL RECORDS. 713

by his continual pains and expense, the building of that church in par-
ticular, when there was none in the country. Here is no library or other
public books whatever.

The Quakers in this precinct are very numerous, extremely ignorant,
insufferably proud and ambitious, and consequently ungovernable : this
made my work more difficult than it was in Chowan. They doubled
their efforts and contrivances against my endeavours; their meetings
amongst themselves were more frequent, and their attacks upon others
furious. However, as these things cost me the more pains, so I used the
utmost circumspection both in public and private, and if at any time I took
occasion to preach against their principles, as now and then I found it
necessary, I was as moderate as was possible in my expressions, free
from harsh reflections, and always pressed the truth, as much for its own
sake as for the Church's which professed it; and this I found had a bet-
ter effect than the rougher methods, which, it seems, had been formerly
used with them ; for by such means, and the success of some small favors
I showed them in physic, they not only became very civil, but respect-
ful to me in their way, and have many times entertained me at their
houses with much freedom and kindness.

This precinct is not so large as Chowan, and, though the roads are
worse, the journeys are shorter. Here are twelve vestrymen as in the
rest, but most, if not all of them very ignorant, loose in their lives, and
unconcerned as to religion ; it was not in my power to get one meeting
with them, while I was there, notwithstanding my best endeavors to
obtain that favor. Their ill example, and the want of ministers and
good books, have occasioned many m'Iio were better disposed, through
ignorance, to join with the Quakers; being willing to embrace any thing
that looks like a religion, rather than have none at all. Yet I am apt
to think that some of these poor souls may be regained, several having
told me they owed their first departing from the Church to the ill exam-
ple and imprudent behavior of their ministers; and therefore it seems
absolutely necessary that, if any minister be sent thither, he should, if
possible, beside an exemplary life and diligent attendance on all the du-
ties of his function, he should be as well read in men as in books, and
vvdl find as much if not more occasion for the one than the other.

And as he will meet with unaccountable tempers, so they will require
uncommon methods to deal with them, in order to gain credit, and, con-
sequently, an access to their hearts. Here and in Chowan the ways of
living are much alike; both are equally destitute of good water, most of
that being brackish and muddy ; they feed generally upon salt pork, and
8G

714 COLONIAL RECORDS.

sometimes upon beef, and their bread of Indian corn which they are
forced for want of mills to beat; and in this they are so careless and un-
cleanly that there is but little difference between the corn in the hoi'se's
manger and the bread on their tables : so that with such provisions and
such drink (for they have no beer), in such a hot country, you may easily
judge, sir, what a comfortable life a man must lead; not but that the
place is capable of better things, were it not overrun with sloth and
poverty.

The next precinct is Pasquetauk, where as yet there is no church built;
the Quakers are here very numerous; the roads are, I think, the worst
in the country ; but it is closer seated than the others, and better peopled
in proportion to its bigness. In their way of living they have much the
advantage of the rest, being more industrious, careful and cleanly ; but
above, all I was surprised to see with what order, decency, and serious-
ness they performed the public worship, considering how ignorant peo-
ple are in the other parishes. This they owe to the care of one Mr.
Griifin, who came here from some part of the West Indies, and has for
three years past lived amongst them, being appointed reader by their
vestry, whose diligent and devout example has improved them so far
beyond their neighbors and by his discreet behavior has gained such a good
character and esteem, that the Quakers themselves send their children to
his school, though he had prayers twice a day at least, and obliged them
to their responses, and all the decencies of behavior as well as others.
After Mr. Adams was settled here I found it improper for Mr. Griffin
to stay, and therefore, notwithstanding the large offers they made him if
he would continue, he consented to fix in Chowan, where I left him, hav-
ing procured for him a small allowance from the vestry; but I am afraid
the hardship he will meet with in that part of the country will discour-
age him, if not force him from thence, though he promised me to hold
out as long as he could.

Curratuck is the eastermost precinct, including the Sand Banks and
some part of the south side of the Sound : a very incommodious place
for damp colds in winter and musqnitoes in summer. I never travelled
through this parish, so I can give but a very little account of it. They
have no church, nor ever had any books sent them. Mr. Adams has at
present under his care this precinct and Pascjuetank, from whom an ac-
count at large may be best expected.

Bath county contains most of that land which lies to the southward of
Albemarle Sound to Pamplico River, and about thirty or forty miles more
southerly to Neuse River, which (being but lately peopled with a few
French who left Virginia) is not laid down in the draft.

COLONIAL RECORDS. 715

Tliey have divided the whole into three precincts or parishes, though
the inhabitants of all are but equal in number to any one of the other,
most of which are seated on Pamplico River and its branches. Here is no
church, though they have begun to build a town called Bath. It consists
of about twelve houses, being the only town in the whole pi'ovince. They
have a small collection of books for a library, which were carried over
by the Reverend Doctor Bray, and some land is laid out for a glebe ; but
no minister would ever stay long in the place, though several have come
hither from the West Indies and other plantations in America; and yet
I must own, it is not the unpleasantest part of the country, — nay, in all
probability it will be the centre of trade, as having the advantage of a
better inlet for shipping, and surrounded with most pleasant savannas,
very useful for stocks of cattle.

In this as in all other parts of the province, there is no money ; every
one buys and pays with their commodities, of which corn, pork, pitch
and tar are the chief: pork at 458 per barrel cent. — 260 lbs. weight,
])itch at 258 per barrel, corn at 250 per bushel, and tar at 152 per barrel,
which prices (though fixed by their laws) they can seldom reach for it
anywhere else, after considerable expense and risk ; so that, by their com-
putation, the difference of their money to sterling is as one to three; and
if you buy a plantation there for £300 of their pay, they will much rather
take £100 in England.

Thus, sir, I have, in obedience to your commands, given you this plain
and, I am sensible, imperfect account of North Carolina, a country but
wild and imperfect in its circumstances; and in all I have said to the dis-
advantage of the people in general, I must beg some exceptions, as few
as you please, there being, here and there, a gentleman whose substance,
sense in managing, and metliods of living, somewhat exceed the rest; but
they live at such distances, that, as by their example they have but little
influence, so, upon the same account, they can as little contribute to the
ea.siness of a missionary's condition, who is forced to take up with what
conveniences he can find not too many miles distant from the churches
he is obliged to attend ; and this will necessitate any minister who goes
over to purchase land, buy servants, build a church, and improve a plan-
tation, before he can live tolerably ; which will require more expense than
the encouragement given will bear.

If, sir, you think this worth communicating to the honorable society,
I leave it to ycjur discretion, and am sir,

Your very humble and obedient servant,

WILLIAM GORDON.

716 COLONIAL RECORDS.

[B. P. K. O. Virginia. B. T. Vol. 40. Page 405.— Extract.]

LORDS OF TRADE TO EDMUND JENINGS ESQ"

S' July 21'' 1709.

Since our Letter of the Tenth of March a Duplicate whereof i.s here
inclosed. We have received two Letters from you of the 21'* of Novem-
ber and one of the 21" of March last, with the Papers therein referred to.

We represented to her Majesty what you formerly writ us in relation
to the settling the Boundaries between Virginia & the Province of Caro-
lina : Her Majesty was thereupon pleased by her order in Councill of the
13"" January last to direct us to propose to the said Lords Proprietors of
Carolina the Issuing of such a Commission as aforesaid

Whei'cupon we writ to the Lords Proprietors of Carolina and have
received their answer the piu'poii: whereof is that they have appointed
John Lawson and Edward Mt>seley Esq" to be Commissioners on the part
of Corolina for surveying the lands in dispute and settling the Bounda-
ries as aforesaid, and in their answer they did further declare that they
M'ere willing in case of any dispute between the said Commissioners and
those on the part of Virginia to submit the same to her Majesties Decision.

We thereupon represented that her Majesties Letters mandatory be sent
to the Governor or Commander in Cheif of the said Colony of Virginia
for the time being directing him in Concuri-ence with the Councill there,
to issue out a Commission under the seal of the Colony thereby consti-
tuting and ajipointing two fit and able persons to be Comissioners on
the part of Virginia to act in conjunction with the Commissioners ap-
pointed on the part of Carolina for the purposes before mentioned &
requiring the .said Governor or Commander in cheif for the time being
to Transmit to her Majesty under Seal of the Colony an Account of such
Commissioners Proceedings for her Majesties farther pleasure therein.
All which have been approved of by her Majesty and directions will be
sent you accordingly.

As to the Exemption you mention to be granted by the Proprietory
Governments to people that remove thither from being sued for Debts
contracted in other Places we hope that matters is remedyed at lea.st in
Carolina. For an Act having been past there granting such an Exemp-
tion we laid the same before her Maje.sty with our Opinion of the ill Con-
sequence of such Laws.

COLONIAL RECORDS. 717

Whereupon her Majesty was pleased to repeal the said Carolina Act.
But if that practice of protecting Creditors be still continued in Carolina
or any other of the Proprieties you will do well to give us as particular
an Account thereof as you are able that we may lay the same before her
Majesty for her further pleasure therein.

Your very loving Friends

DARTMOUTH
PH: MEADOWS
Whitehall CHA : TURNER.

July 21'" 1709.

[B. P. R. O. N. C. B. T. 7. p. 22.]

Craven House August y' 4'" 1709.
Present
His Excellency William Lord Craven Palatine
His Grace the Duke of Beaufort ^

Sir John Colleton Barr*
John Danson Esq"
Agreed that the Lords Proprietors will subscribe Twenty pounds to
M' Lawson for Maps of North and Soutli Carolina. Signed by the
Board a Commission to the Hon"* Christopher Graffenried to be a Land-
grave of Carolina.

Signed a Warrant and duplicate to the said Christopher Graffenried
for five thousand acres of land in North Carolina.

Received Fifty Pound purchase money of the said Christopher Graf-
fenried for the said Land.

Paid the Hon"* Lord Craven.

Paid his Grace the Duke of Beaufort.

Paid the Lady Carteret for her son.

Paid M' Ashley.

Paid S' John Colleton.

Paid M"^ Danson.

Remains in y* Secret' hands.

£5

7 6

5

7 6

5

7 6

5

7 6

5

7 6

5

7 6

£32

5 0

£17

15 0

718 COLONIAL RECORDS.

[B. P. R. O. N. C. B. T. 7. p. 24.]

Craven House Sept S'" 1709
Present
His Grace tlie Duke of Beaufort for himself and the Palatin
The Hon"' Maurice Ashley Esq"
Sir John Colleton Barr'
John Danson Esq"

A Proposal was read from Christopher de Graffenried and Lewis Mi-
chel Esq" It was agreed that a Warrant be prepared to the Surveyor
General of North Carolina to admeastu-e and set out 10,000 Acres of
land to the s* Christop"^ de Graffenried and his Heirs and that grants be
passed accordingly.

To the 2''* Proposal relating to the poor Palatines that shall be trans-
ported into North Carolina, It was resolv'd that their Lordships will not
undertake to provide them with all provisions they shall want but they
will give directions to their Receiver General to supply the Palatines
with such provisions as he shall have of their Lordships in his hands
and may be spared from the necessary use of the government at the same
rates he received them the s** Christop"" de Graffenried and Lewis Michel
paying their Lordships for the same in sterling money in London at the
end of two years after the arrival of the Palatines in North Carolina at
£50. per Cent discount.

Mem*° the Secretary received a Bill of £100. payatjle to him for the
use of the Lords Proprietors upon Christopher de Graflenried and due
upon the 1" of Jan'^ next ensuing

Sign'd a Warrant for Christop' de Graffenried for 10,000 Acres of
land in North Carolina Agreed that M"^ Luis Michel have a Warrant for
3500 Acres of land in North Carolina to him and his heirs he paying for
the same according to the rate the Swiss Cantons purchased their Land in
that part of the Province aforesaid.

Adjourned sine die.

[B. P. R. O. N. C. B. T. 7. p. 20.]

Craven House September 22"'* 1709.
Present
The Honorable Maurice Ashley Esq"
Sir John Colleton Barr*
John Danson Esq"

COLONIAL RECORDS. 719

Sign'd a letter to the Governo' to reeomnieiKl the Pour Palatines to the
Assembly in North Carolina

Sign'd a Warrant for M' Luys Michel for 2500 acres of land in North
Carolina

Sign'd a Warrant to Christoph' Gale Esq''^ Receiver General to snpply
the poor Palatines with snch Provisions & Eflt'ects &c. upon their arrival
there as their Lordships shall have in his hands towards the support and
maintenance of the poor Palatines afore*

[From the MSS. Rkcords of the Friends' Monthly Meetings in Pasquotank

Precinct.]

At a Monthly Meeting in Pasquotank at Symons' y' 13* 8* Month
1709.

Friends met as usial to Inspect into the affairs of the Church Jere-
miah Symons Jun' appeared and through the Perswasions of Some friends
Did acknowledge his Errors as followeth I Jeremiah Symons do sincerely
acknowledge that I am heartily sorry for my forward & unsavory Expres-
sions & abuse given to friends of what sort soever since their Judgment
was passed against me and jjaper of condemnation against me for my
disorderly act for which they gave judgment against me as witness my
hand — Jeremiah Symons Jun""

Also at the above said meeting Mathew Pritchard acquainted friends
that he had a concern upon his mind to visit friends in Virginia &
desireth a few lines by way of certificate to friends there. The Meeting
consenting thereto do ajipoint William Everigin and Benjamon Pritchard
to write the same.

[From N. C. Letter Book. S. P. G.]

M' ADAMS TO THE SECRETARY.

Sir :— Ya Oct 4 1709

I doubt not but Mr. Gordon informed you, by word of mouth, that,
when we came hither, we found the government in the hands of such per-
■sons as were promoted for God's service and good order, and from whom

720 COLONIAL RECORDS.

we met with all reasonable eneourao^enient in the discharge of our mission.
But now the ease is sadly alteretl, for the Quakers, alarmed at our arrival,
did, in a most tumultuous maimer, stir up the ignorant and irreligious,
who are by much the greater number in this colony, by bold lies and
calumnies against both the government and us; and we are now ruled l)y
such as are generally friends only to drunkenness, irreligious and pro-
fane, insomuch that in many places where before I met with all encour-
agement and civility, I find nothing but reproaches, threatenings, and ill
usage; and many, who then seemed zealous and forward, are now turned
quite back. Mr. Gordon had experience of these things in some meas-
ure before he went over, but now things are carried to far greater extremes.
The abuses and contumelies I met with, in my own person, are but small
troubles to me in respect of that great grief of hearing the most sacred
parts of religion impiously profaned and ridiculed. We had a commun-
ion lately, and the looser sort at their drunken revelling spared not to
give about their bread and drink in the words of administration, to bring
into contempt that most holy sacrament, and in derision of those few
persons who then received it ; and yet such flagrant crimes, notwithstand-
ing of my complaint to our magistrates, go unpunished and unregarded.
AVe daily expect in our new governor, who, I hope, will set the country
again in order and redress our grievances. I pray God he may prove a
good man, for upon his disposition will very much depend the further
fruit of my mission.

In the precinct of Pascotank, where I chiefly resided last year, are
thirteen hundred and thirty-two souls, whereof nine hundred profess
themselves of the Church of England, excepting some few Presbyterians,
who now constantly join themselves with us in our service, have had
their children baptized by me, and are willing to have them brought up
in our way of worship. There are about eleven who profess no religion ;
two hundred and ten Quakers, and two hundred and eleven negroes, some
few of which are instructed in the principles of Christian religion, but
their masters will by no means permit them to be baptized, having a false
notion that a Christian slave is, by law, free. I have baptized, since I
came, between the parishes of Pascotank and Caratauk, two hundred and
thirteen children and two adult persons. I have administered the sacra-
ment of the Lord's Supper three times: twice in Pasquotank, where I
had fourteen communicants; the second time I had twenty-four; and the
last time I administered in Caratauk, where I had thirty — the names of
all which, housekeepers, communicants, and baptized persons, &c., I have
by me in my Notitia Parochialis, according to my instructions.

COLONIAL RECORDS. 721

I have lately lived mostly in Caratauk, but it is a preciuct of so large
an extent, and so mueli divided by water, that I have not yet been able
to get passages into all the extrenie cijrners of it.

In my next I shall send you an account of that parish, which is not
above half as populous as Pascotank, and but one professed Quaker in
the whole bounds. Had the government continued as we found it, there
had been churches built now ; but since the Quakers and tlieir accomplices
have got to the helm, all such thoughts are laid aside.

I have not since I came to the country, received so much as to pay for
my diet and lodging, and if I hatl not drawn bills upon Mr. Hoar, I had
been in great want. I have a very laborious mission, the places I preached
at being some of them sixty, others above seventy miles distant. I bless
the Lord I have had my health well, and I pray God to give me his
grace so to direct my ways in this troublesome and unsettled country, as
not only to acquit myself with applause to those good men who sent me,
but that I may be likewise able to give a comfortable account of my
stewardship at that dreadful tribunal where the secrets of all hearts shall
be disclosed, which shall be the daily prayer and faithful endeavor of.

Sir, yours, etc.,

JAMES ADAMS.

I wrote to you formerly of one Mr. Griffin, who had behaved him-
self very remarkably in the office of a reader and schoolmaster : he has
fallen into the sin of fornication, and joined with the Quakers' interest,
which has proved great stumbling-block to many of our persuasion.

1710.

[B. P. R. O. B. T. J. 21. p. 363.]

Whitehall. February 10*'' 170^
M' Byfield attending presented to their Lordships a Memorial in behalf
of him.self and Company containing his proposal for contracting to fur-
nish Her Maj. Navy with pitch and tar from Carolina which was read
And he added in discourse that he did not believe that those commoditife
could now be had in Sweden at the rate he oftered them for.

722 COLONIAL EECOKDS.

[From North Carolina Letter Book. S. P. G.]

MR. ADAMS TO THE SECRETARY.

Caratauk, March 27, 1710.
Sir:—

In my last I gave you a large account of the sad disorder and confu-
sion of our country, and till authority interposes we are likely to con-
tinue in the same deplorable condition. We have long expected our new
governor, but now begin to despair of his coming. I have taken par-
ticular care to write over, according to my instructions, but have not
heard from the society since my arrival in America, which makes me very
uneasy, not knowing whether or not my letters have got to your hands.
Nothing but my true concern for so many poor souls, scattered abroad as
sheep having no shepherd, and my duty to those good men who repose
this trust in me, could have prevailed on me to stay in so barbarous and
disorderly a place as this now is, where I have undergone a world of
trouble and misery both in body and mind. Had the government con-
tinued as Mr. Gordon and I found it, I doubt not but I should have been
able to have given a very successful accoiuit of my mission ; but as long
as things continue as they are, I can scarcely have hopes of making prose-
lytes and gaining over that luimber \vliich, if backed by authority, I, by
the grace of God, might probably have done. I have met with so many
discouragements (of which my not hearing from you is none of the least),
that I intend (please God) next summer or fall, as a passage shall offer,
to embark for Great Britain, and shall, I hope, produce such testimonies
of my endeavors and behavior in ev^ery respect, as shall satisfy you all
Avell of my diligence and fidelity.

We have in this parish of Caratauk five hundred and thirty-nine souls,
whereof ninety-seven are negroes, one Quaker, and five or six of no pro-
fessed religion ; the rest all join with me in our Church service. I have
baptized, this last year, thirty-five children between the precincts of Cara-
tauk and Pa.scotank, and some of Perquimmins. I administered the Lord's
Supper Christmas last, and had twenty-seven communicants.
I am, with all respects, sir, yours, etc.,

JAMES ADAMS.

COLONIAL EECORDS. 723

[B. P. R. O. N. C. B. T. 7. p. 33.]

Ceaven House Aprill the 6"" 1710
Present
His Grace the Duke of Beaufort.
Maurice Ashley Esq''
Sir John Colleton Barr'
John Danson Esq""
Agreed that the Baron de Graffenried and M' Lewis Michel shall
have a lease of all royal mines and minerals in the Province of Carolina
that they shall discover and work for the term of 30 years, they being
at the entire charge The produce of it to be divided into eight parts
whereof four eights are to be paid to the Lords Proprietors the other
four eights to the said Baron de Graffenried and M' Lewis Michel for
the term of 5 years after any such Mines shall be found and opened.
But after the afores* term of five years then the Lords to have five eights,
the said Baron de Graffenried and M" Lewis Michel three eights the
Lords being to pay the Crown the fourth part according to the Words of
the Charter.

Ordei'ed that the Secretary do give a copy of these Minutes to the
Baron de Graffenried which was done accordingly.

[From Pollock's Letteb Book.]

A COPY OF A LETTER TO M' CHENIN: AND M' BOYDS

Virginia April 16. 1710
Gentlemen

I should have been glad to have had the happiness of enjoying your
good Company with the President and M' Knights, and still hope (when
your leisure permits) you will come and spend a day or two with us in
this Wilderness. I thought it my duty to communicate to you what
news I lately had in a letter from Mr Frederick Jones. He writes to
me that Mr. Lawson, having been lately at his house, informed him that
the Lords Proprietors are desirous of having Col Cary called to a strict
account for their dues : and that also (after their ambiguous manner) they

724 COLONIAL RECORDS.

have directed some warrants and precepts to the President and Council,
and by what he could gather from M' Lawson, not naming Col Cary,
but he seemed rather inclined to believe, if directed to any person, they
are to President Glover. So that M' Jones thinks it would be proper
that some person should discourse M" Lawson in order to concert such
proper methods as may put the government again on its proper founda-
tion : to which he seems to think M' Lawson may be pursuaded to in-
cline, both on the Lords Proprietors account and also on his own. Now
as I am very much persuaded that the Lords Proprietors would not
direct any writings, precepts or warrants to Col Cary as President, nor
anywise acknowledge the legality of his pretended presidentship : so like-
wise I am apt to believe they would not direct them to President Glover.
My reason is because the Lords Proprietors knowing what confusion is
in the country they would not be willing by openly joining either party,
to foment, the diiference, until the Governor or Deputy Governor arrives.
But it seems more reasonable to me, (considering the Lords Proprietors
common way of acting) to believe that these writings were only directed
to the President and Council without naming any particular person, with
some instructions to M' Lawson or M'' Gale how they shall proceed
theirin. And I believe it very nessary to dissuade, all ye can, from
applying in any manner to Col. Cary as President: and I believe it
would do very well to assist at this time President Glover with what
you can, with your advises and otherwise. What news you have from
M' Gale or any otherwise of moment, please to acquaint me by the bearer,
and of the proceedings of this last (wise) Council at Perquimens, if they
had any. iVnd if any news of any moment comes to me, you may be
sure to have them from him who really is

Gentlemen your L° S T. P.

Mr Chevin

Having a few skins to send out by the first oppertunity, would intreat
the favour of your advise whether Mr Porter in carrying out his skins
hath not opened their eyes as to the illegality of that Assembly, and
whether may not send out some without paying their unreasonable and
illegal duty. Also, the above from M' Jones have not communicated to
any person but yourselves, wherefore Mxmld intreat your secrecy therein.

COLONIAL RECORDS. 725

[From Pollock's Letter Book.]

A COPY OF A LETTER SENT TO PRESIDENT GLOVER
BY M' MAULE

Veeginia April 16:
Hon" Sir

Wednesday tlie 12"* instant Tho. West retnrned from M' Jones who
informed me tliat M'' Lawson was just gone from his house when Tho.
West came ; and that M' Lawson informed him that the Lords Proprie-
tors are desirous of having Col. Carv called to a strict account for their
dues. And also after their ambiguous manner have directed sojuc wai--
rants and Precepts to the President and council : and by what he could
gather from him not directed to Col. Cary ; but if directed unto any one ;
M' Jones conjectures they are directed to your Honor : So that M"" Jones
thinks it would be proper for your Honor to get M'' Knight or some other
fit person to discover M" Lawson in order to concert such proper methods
as may put the government on its proper foundation, to whicli he seems
inclined to believe M' Lawson may be drawn, both on account of the
Lords Proprietors and also on his own account. The above notice is the
substance of M"" Jone's letter. Having the above written I am very apt
to believe the Lords Proprietors would not direct any writings, Warrants,
or precepts to Col. Cary as President, nor any wise acknowledge the
legality of his pretended Presidentship. Neither do I imagine they have
directed them to your Honor b}' reason that knowing the confusion in the
country, they would not be willing (by openly joining either party) to
foment the differences. But it seems more reasonable to me (considering
the Lords Proprietors common way of acting) to conjecture that these
writings are only directed to the President and council, ^vithout iiameiug
any particular person, with some instructions to M"' Lawson or M' Gale
how they shall proceed therein. Now if it should be so, and that M'
Gale and M' Lawson (considering the justness of the cause, the Lords
Proprietors interest and their own advantage) should incline to apply
themselves to your Honor, as President it is to be well considered of how-
it could be managed for want of Deputys, or, if their were Deputies,
wheither it were worth while to be at the trouble of new modelling and
settling the government for such a little time as until the Governor or
Deputy Governor's coming in, especially not knowing what alterations
may be then made ; or, may be, some mistake might fall out in the man-

726 COLONIAL RECORDS.

agemeut, which might tend to the disadvantage of our cause : aud whether
it might not be better if M' Gale and M' Lawson could be persuaded not
to apply themselves to either, but to stay until the Governor or Deputy
Governor's arrival.

But if M"^ Lawson and M'' Gale be so very earnest to have their com-
missions recorded that they may go on the execution of their Office, and
pi'etend a necessity of applying themselves to one or the other, I believe
it wonld be well to lay before them, in applying to Col. Cary, not only
the unjustness of it in acknowledging an unlawful government thei'e
scarcely being one of the Council legally qualified, but also the damage
that may thereby accrue both to the Lords Proprietors and themselves :
all of which I know your Honor can safely make appear to them. And

I believe, if the pretended Council fall acting it might do better if

they would apply themselves to your Honor. And I believe likewise it
would be very necessary to pursuade them if possible not to apply to nor
acknowledge Col. Cary and his pretended Council

Hon** Sir I am sorry we are so separated that we can not communicate
together, but I leave to your prudent management, who I know will do
the best you can for the Lords Proprietors interest and good of the coun-
try, which is earnestly wished by

Sir Yours T. P. •

Hon* Sir Pray let me hear by the bearer all the proceedings of this
last Council, or any other- news of moment.

SirYr T. P.

Postscript April 15'" 1710

Hon* Sir I have been two or three days longer in sending this than I
intended by reason I had some expectations of seeing M"" Reading here:
but he not coming, I thought it was not necessary to stay longer, and
have no more to add but only to remind your Honor that, albeit, it be
very necessary to disswade M' Gale and Mr. Lawson from applying to or
any way acknowledging Col. Cary and his pretended Council, yet I be-
lieVe you ought seriously to consider and duly weigh all circumstances, in
retaking the government, unless as above said these writings directed
from the Ijords Proprietors to your Honor, and to uphold the Govern-
ment from falling. I have not comunicated any of this matter to any
person besides your Honor, but to M' Chevin and M' Boyde, who I
doubt not are trusty, and will be ready to serve or advise you Honor in
any thing they can.

COLONIAL RECORDS. 727

[From Pollock's Letter Book.]

A COPY OF A LETTER TO M' JOHN LAWSON, BY M'

MAULE, TO BE LEFT FOR HIM AT

PRESIDENT GLOVER'S.

M' Lawsou May 27"» 1710

Almost ever since you left America I have been removed to Virginia,
not being willing to live under a government I knew was altogether ille-
gal, and to avoid occasion of difference; and I was glad to understand
of your and Major Gale's arrival from England, hoping that you may
have brought some order's, or at the least news of the settling of the
Government. I doubt not you knew that upon M"' Porter arrival from
England, with the instruments of writing from the Lords Proprietors
superceeding Col. Cary, and giving all the power of Administration of
the government to the President, that T was not present nor at the choos-
ing M' Glover 1^'esident, neither at any other of their meetings, until
your meeting at my house in may, after being about half a year having
been sickly all that time, at which meeting at my house, I, being of
opinion that Col. Cary had hard measure in seising his brigantine, en-
deavoured all I could to bring all matter to agreement, which I eflFected
at that time; when M'^ Glover was allowed of and coniii'med President
by Col. Cary, M' Porter, and all the Council and proclamations issued
out to command the obedience of all the peo})le to [the] then established
government, So that the consideration of the commission from the Lords
Proprietors to the President, their being no other President they could
direct to, neither they knowing of any other, and the first chosen by all
the Deputys in the government but myself, and then the last confirma-
tion by all the council, with the proclamation aforementioned, fully satis-
fyed me of President Glover's right to the Presidentship. So that I was
obliged by the oath of fidelity to the Lords Proprietors to obey President
Glover's lawful orders, and maintain the Lords Proprietors Government
so far as lay in my power; and acted nothing but by the Presidents or-
der. And I am conscious to myself that I acted for no particular inter-
est of my own, for I could in all reason [have] Expected as much favour
on any account from Col. Gary, if he had continued in the government,
as from President Glover. But it was altogether on account of what I
was obliged to do. And having acted so, I did not think it necessary to
trouble the Lords Proprietors with letters from me who acted only under

728 COLONIAL RECORDS.

another as a great many others in the government did. Nothwithstand-
ing all which precautions it seems some malicious persons, out of partic-
ular hati'ed they had to me, or rather to clear themselves of what they
were guilty of, have endeavoured falsily to inform the Ijords Proprietors
that I was a cause of the late troubles.

AVherefore, Sir, not doubting, but you have some knowledge not only
of what M' Porter, M"' Moseley, and that party have writ to the Lords
Proprietors, but also of the Lords Proprietors sentiments, and orders to
their Governor, or Deputy Governor, thereanent, would earnestly intreat
the favour of you to acquaint me with the whole matter, (if you be not
obliged no ways to 'the contrary) and assure yourself, if you think it
necessary, it shall be locked up in my breast, not to be divulged untill
you please, and also your kindness in it shall be ingraven in my mind
in indelil>le characters.

Also, Sir, I have another favour to beg of you. There being a young
gentleman (the beai'er hereof) one M' W" Maule on whom fortune hath
frowned, having been twice taken by the French and lost very consider-
ably, and being, I believe, very capable of surveying, (if you have not
deputed any other in Albemarle county or at least in Chowan precinct)
you will find him (if it lie within your conveniency to depute him) capa-
ble, diligent, and faithful, and it will be a very great obligation to

Yr S' S'

T. P.

Postcript Sir If you Ifave not an opportunity to send me an
answer by M' Maule, (who, may be, will not have the opportunity of
seeing you) send it to Mr. David Henderson's, or to Robert West's at
Choan, where I doubt not of having it safe.

[From N. C. Letter Book. S. P. G.]

VESTRY OF CARATUCK TO THE SOCIETY.

August 25 1710.
"We thi*. Church Wardens and Vestrymen as representatives and at
the request of the Precinct and Parish of Carahtuck in N. Carolina do
desire to oifer our grateful acknowledgements in the most humble and
hearty manner to the most Rev'^ Father in God Thomas Lord ABp. of
Canterbury &c. President and the rest of the members of the Society for

COLONIAL RECORDS. \ 729

the propagation of the Gospel in Foreign parts for their pious care in
sending the Rev'^ Mr. James Adams among us who has during his abode
here (whicli has been about two years & five raontlis) behaved himself
in all respects as a Messenger of the mild Jesus, exemplary in his life,
and blameless in his conversation and now being bound for England we
with sorrowful hearts and true love and affection take our leave of him ;
Ave shall ever bless that providence that placed him among us and should
be very unjust to his character if we did not give him the testiuiony of
a pious and faithful pastor whose sweetness of temjier, diligence in his
calling and soundness of doctrine has so much conduced to promote the
great end of his Mission that we hope the good seed God has enabled him
to sow will bear fruit upwards which has in some measure appeared
already for the Sacrament of the Jjords Supper was never before his
arrival never administered in this Precinct, yet we have had more com-
municants than most of our Neighbouring Parishes of Virginia who
have had the advantage of a better settled Ministry for many years.

We have no more to add but l>eg the Hon. Society will be pleased to
continue us still under their charitable care for \vhatever our merits be,
our necessities are great and all the retin-n we are able to make is to
praise God for raising up so many truly good friends to our souls and
that Heaven may prosper you in so laudable so pious and so charitable
a design shall ever be the subject of our Prayers. Given under our
hands this 25"' day of August 1710.

RICHARD SANDERSON SEN' \ Church

JOHN BENNETT /Wardens

JOHN HODGSON

W" STAFFORD

BEN. TULLE

W" WILLIAMS

R* SANDERSON JUN'

EDWARD TAYLER

FOSTER JARVIS

THOMAS TAYLOR

THOMAS NANDERMUDEN

THOMAS FOURDOTS.

730 COLONIAL RECORDS.

[From N. C. Letter Book. S. P. G.]

PASCOTANK VESTRY TO THE SOCIETY.

August 26. 1710.

To the most Reverend Father in God Thomas Lord Archbishop of
Canterbury & President and the rest of the Members of that Hon and
Noble Society for the propagation of the Gospel in Foreign parts.

We the Church Wardens & Vestrymen of the Parish & Precinct of
Pascotank in the Province aforesaid on behalf of ourselves & at the
earnest request of the Inhabitants of aforesaid Precinct do in all humility
& sincerity render our most hearty & unfeigned thanks & acknowledge-
ments to the Hon"' and noble Society for that pious and charitable care
for the eternal welfare of our immortal souls in sending the Rev"^ Mr.
James Adams amongst us our Pastor, who by his vigilant faithful and
painful preaching and due administration of the Sacraments, his exem-
plary and blameless conversation together with his peaceable and sweet
temper and deportment all the time of his residing here (which has been
2 years and 5 months in this Parish and caratuck) has justly merited the
character of a faithful painful pastor and orthodox minister of our Lord
& Saviour Jesus Christ.

We hojie the fruits & effects of his ministry &c will appear abundantly
in our lives & conversation to the Honor of Almighty God & our souls
everlasting peace & comfort.

Divine Providence calls for his departure from us. We take oiu" leaves
with great sorrow for our loss, which we hope may 1)C his gain ; in hum-
bly begging of the Honb'° & Noble Society to extend their further piety
& charity towards us that the work of grace so happily liegun by the
indefatigable pains & singular piety of the Rev* M' Adams may be sec-
onded & back with the like ju'oceedings & crowned with an answerable
conclusion and that the Honble Society may have a confluence of happi-
ness heaped u])on them here ct hereafter shall be the daily prayers of your
Honors most humble supplicants whose names are hereunto subscribed
this 26'" day of August 1710

THO. BOYD NIC CHEVIN FRAN DE LA WARE

ROBERT AVALLIS SAM DAVIS JOHN DAVIS

JOHN JENNINGS ROBT LOWRY ANTHONY HATCH
W- RELFE JOHN PALIN THO RELFE

COLONIAL EECORDS. 731

[From Pollock's Lltter Book.]

A COPY OF A LETTER SENT BY MR MAULE FOR ED

HYDE ESQ' DEPUTY GOVERNOR, NEWLY

COME OUT OF ENGLAND.

Hon"* Sir Blackwater August 29"' 1710

I huuibly congratulate your safe arrival For having removed myself
from North Carolina here in the borders of Virginia, because I would
not live under a government I knew was altogether illegal, I have there-
fore earnestly wished for your Honour's arrival, ever since I knew you
were designed here, that the government being settled I might remove
myself to my habitation, not doubting (by the great and good character
you have) that you will settle our religion, lands, and liberties on such sure
foundations, that they may never more be in danger to be insulted and
and trodden down by Quakers, Atheist and Deists, and other evil disposed
persons, and healing all our diiferences, distractions and disorders, encour-
aging trade, and protecting the people in all their just rights and privi-
leges, you may be happy in performing so great and good a work, and
the people happy under so good a Governor. The doubt of the certainty
of your Honor's being arrived, and the uncertainty to meet you hath
hindered me from waiting on you at this time, but (God willing) intend
to wait on you as soon as you arrive in North Carolina.

Hon* sir John Ardeon! Esq'' when last with me was thinking it would
be more convenient to transports your goods this way by Choan river
than by Curetuckc, because of the shoals by the way of Curetucke.
Wherefore if your Honor thinks convenient to transport them by Choan
river, I have a small sloop at your service. I shall intreat your answer
by the bearer, and if any way I can be searviceable to your Honor, you
shall need but to command

Your Honor's M: H. and O: S'

T. P.

[From the Mss. Records of the Friends Monthly Meetings in Pasquotank

Precinct.]

At a Monthly meeting Held in Pasquotank at Symon's Creek y^ 19*''
Day of 8"" Month 1710 Friends met as their manner is to Inspect into
the aifairs of said meeting The four 'friends appointed to Visit Joseph

732 COLONIAL RECORDS.

Jordan appear and inform this meeting tliat notwitiistanding the In-
deavors and perswasions with liim to retract or Aclvnowledge his error
in Striking William Griffin and refuses to hear them Disregarding their
tender advice and council to the Dissatisfaction of this meeting and friends
in General who might have given judgment against the said Disorder had
it not been for Joseph Glaister & Mathew Pritchard wko in their tender
love to him Desired to Visit him again which the Meeting Readily as-
sented to Desiring them to bring his result to next Monthly Meeting.

Also at the said Meeting the Overseers requested to be Released from
their Service the Meeting Consenting thereto have Chosen Edward Mayo
& William Everigiu to serve in their stead

[From N. C. Letter Book. S. P. G.]

COL. GLOVER TO THE SOCIETY FOR PROPAGATING
THE GOSPEL.

N. C. Aug 30 1710
May it please your Lordships : —

Although the trouble and confusion this unhappy country has labored
under, ever since the arrival of your lordships' reverend missionaries,
has compelled me to retire from all public employments ; and the poor
return we are able to make for your lordships' pious care and charitable
expenses, admonisheth me to lay my hand upon my mouth and keep
silent till the lords proprietors shall, by their prudent care, have restored
order and justice among us, under the influence of which we hope, by
God's grace, to bring forth better fruit, — although, I say, these consider-
ations had discouraged me from making any application until I could
present your lordships with a fairer prospect of affairs, yet, the
inclosed papers being put into my hands, I held myself bound to
present them to your lordships, and join with the subscribers in the char-
acter they give of the Reverend Mr. Adams, and in which I am sure all
persons who have any respect either to religion or loyalty do heartily
concur. I will not enter into a relation of the success his labors have
had ; as to that, his reverend successor will not, as I think he is in jus-
tice bound not to be, be silent. And for the difficulties he has met with,
he has waded through them under the vigilant eyes of the malicious
enemies, without committing any thing unbecoming a minister of our

COLONIAL RECORDS. 733

Lord and tSaviour Jesus Christ. What is further necessary, he is him-
self able, by word, to supply, if any thing be wanting in the aceount lie
has already given by writing, wherein I know he has neither neglected
opportunity nor spared cost or pains.

These papers ought to have come under the public seal, but that being
forcibly detained in the hands of those who are professed enemies of the
Church as well as to all good order, it could not be procured on this
occasion : being able, therefore, to give them no greater confirmation, I
humbly present them to your lordships' noble bounty to this poor coun-
try, and therein especially to your lordships'

Most obliged and humble servant,

WILLIAM GLOVER, President.

[From N. C. Letter Book. S. P. G.]

MR. ADAMS TO THE SECRETARY.

Va, 4 Sept., 1710.
Sir:—

About a week ago I waited upon the Honorable Mr. Hyde, who was
appointed governor of our country ; and, as far as I can learn, he thinks
it not advisable, as things have happened, to go into North Carolina till
he hears again from England; so that God only knows when our dis-
tractions are to have an end. Though we be a nmuerous and consider-
able body of people, yet we seem to be below the care of the lords proprie-
tors, who, I am afraid, are abused by a misrepresentation of the country,
made by the Quakers and their faction, or trust too much to the man-
agement of Mr. Danson a proprietor, of the aforesaid sect, who receives
his informations from those of that party, particularly one Porter, a per-
son notoriously infamous, whose practice is, in conjunction with the Qua-
kers' adherents, when they heal- of any man going from this country who
is not of their interest, to write scandalous lies and calumnies against
him to the lords proprietors, to lessen the said person's credit in what he
sliall sa}' in relation to the state of the country. Thus they served Mr.
Gord<jn and others, and hearing of my intentions for Europe, have pi'ob-
al)ly done the same by me. But I hope the testimonies sent from the
two parishes where I have lived ever since my arrival in the country,
are sufficient enough to prevent all my enemies from doing me any mis-
chief that way. Mr. Glover has been solicited by worthy persons in Vir-

734 COLONIAL RECORDS.

giuia, who pity the lamentable condition our colony has so long been
in, to write the state of the country, and dedicate it to the parliament of
Great Britain and commissioners of trade; but it is resolved to be silent
till he learns the determination of the lords pro2)rietors.

I have lived here in a dismal country about two years and a half, where
I have suft'ered a world of misery and trouble, both in body and mind ;
I have gone through good report and evil report, and endured as much
as any of your missionaries have done before me ; wherefore, I humbly
pray you, and hope the honorable society will now be pleased t(j alter my
mission to South Carolina, where I doubt not but, by God's assistance, I
shall be able to do more good ; and whoever succeeds me here will have
this advantage, that none of the country will be prejudiced to his person
(as all who adhered to the Quakers are to mine) ; and this in my opin-
ion, will not conduce a little to the success of his labors. I have lodged
above this year past in the house of a planter, an old man, who, before
the Quakers got the government in their hands, was one of our council-
lors. He has, after his own decease and his wife's, left a considerable
legacy for the encouragement of a minister in the parish where he lives,
which is as follows, viz : A very good plantation, upon which he lives,
with all the houses and some household furniture, two slaves and their
increase forever, together with a stock of cows, sheep, hogs, and horses,
with their increase forever; all which, immediately upon the old people's
decease may moderately be valued at £200, and in some years after may
prove a moderate living for a minister in itself. The old gentleman's
name is Sanderson.

Since my last I have Imptized forty persons, whereof six \\'ere adult
palatines : the munljer of communicants last Easter was twenty-five.

AVe have in this precinct about seventy or eighty Indians, many of
which understand English tolerably svell, but our own distractions have
hitherto prevented my thoughts of doing any great matters among them,
considering the bad examples we show them.

I understand, by my lord of London''s letter, that the society has been
pleased to augment my salary, for which I desire to offer my most hum-
ble thanks.

I beg you will be pleased to let me hear from you by first opportu-
nity, and remain with all respect, sir.

Your most humble servant,

JAMES ADAMS.

COLONIAL RECORDS. 735

[B. P. R. O. B. T. Virginia. Vol: 13. O. 65.]

A JOURNAL OF THE PROCEEDINGS OF PHILIP LUD-
WELL AND NATHANIEL HARRISON COMMISSION-
ERS APPOINTED FOR SETTLING THE BOUN-
DARYB BETM^pEN HER MAJESTYS COL-
ONY AND DOMINION OF VIRGINIA
AND THE PROVINCE OF
CAROLINA.

Before we enter upon the Narrative of our proceedings it will be nec-
essary to observe that on the arrival of Her Majestys Letters Mandatory
directing the appointment of Comm''^ for settling the Boundarys between
Virginia & Carolina, the President & Councill thought fitt to appoint us
on the 1 8"" of Aprill last to be the Commissioners for that purpose, & on
the 27"' of the same month our Instructions were agreed on in Council.
Thereupon M'' President (after having discoursed M' Lawson one of the
Commissioners of Carolina) writt to the s'^ Comm"'' on the S"" of May no-
tifving our l)eing ready, & named the 9"* of June as a proper time for a
meeting of both Commissioners at Williamslnu'gh to concert & adju.st the
method of proceeding in this affair. In anwer to w'''' letter, M"^ Lawson
writt to the President that he liad not seen M'' Moseley (the other Comm")
that he was then very bus}- in settling the Palatines (in w"** he expected
to meet with much difficulty liy reason of the distractions of that Gov-
ernment) and tliat therefore they tlie Comm''' of Carolina could not meet
us according to that appointment, but hoped they should be able to do it
in July, & M"' Moseley in a letter of the S"" of June excused his attend-
ing the Meeting as not having then seen M' Lawson nor the powers given
them by the Lords Proprietors, but that when he had, he would give
timely notice wiieii they the Comm''^ of Carolina could meet.

Thus this matter stood at the arrival of the Lieut' Governor who hav-
ing thought it neces,saTy to have our Instructions re-examined & consid-
ered before himself in Council, was pleased on the sixth of July to sign
our Commission, & Instructions according as they had been agreed on.

On the 18"' of July we received our Commission at Williamsburgh, &
there hearing no farther of the intentions of the Comm" of Carolina,
We writt the following I^etter to them.

736 COLONIAL RECORDS.

WiLLIAMSBURGH July 18"" 1710.
" Gentlemen

"Having received a Commission from Her Majesty's Lieutenant Gov-
"ernortoAct in conjinaction with you for settling the Boundarys be-
" tween this Her Majestys Colony of Carolina ^\'e were in hopes that
" according to what you were pleased to writt to M' President Jenings,
"you would have signifyed to us when yoti could convaiiently have met
" us, for adjusting the proper methods of carrying on this work, but hav-
" ing heard nothing from you since Y" Answer to the Presidents Letter,
"We think ourselves obliged very earnestly to desire you will let us
" know your last resolution, whether wee may expect to meet you at Wil-
"liamsburgh any time this month; or if you do not think fitt to meett
" us there, we desire you to appoint some other place where we may meet
" you this month because the season of the year will not admitt of any
" longer delay. We are

Gent

Your most humble servants

PHIL: LUDWELL
Superscribe NATT: HARRISON

" To Edw'^ Moseley & Jn» Lawson Esq"
"Comm"'^ ajjpointed by the Lords
"Proprietors of Carolina, for settling
"the Ijimits thereof or either of them
in North Cai'olina.

We communicated this letter to the Governor, who was pleased to de-
sire we would press the Commissioners of Carolina to give the most ex-
peditous dispatch that could be to this affair, whereupon we writt the fol-
lowing postscript to this letter.

"July the 1 9"" 1710. Coll : Spotswood our Governor being very press-
" ing to have this affair expedited as much as possible, we are obliged
"once more to desire you will please to appoint us the shortest day of
" meeting that can be, and that you will give this messenger the quick-
"est dispatch with yo'' Answer, which will very much oblige
Gent
Y'' most humble servants

P L
N H

On the P' of August I (Nath : Harrison) received the following let-
ter from M'' Moseley by the same Messenger that carryed our letter to
him.

COLONIAL RECORDS. 737

North Carolina July 25"' 1710.
"Gent

"This day I received yours of the 18"* instant relatino; to the Boun-
"darys between this Governra* and Virginia, I think myself obliged to
"acquaint you tliat I have taken all the necessary measures I possibly
"could to bring it to some issue, for immediately after my receipt of M'
" President Jening's Letter (which came from M" Lawson) I dispatched
"a Letter to Neus desiring M"^ Lawson to inform me when he could
"be at Leasure from his concerns with the Palatines lately arrived, that
"we might attend this business; Since which on the nineteenth of the
"last month I pressed him to a si)eedy Determination, but to this
"time have received no answer which I ascribe to the great Distance he
" is from me, at least an hundred miles, and three Large and difficult
" Ferrys in the way. However I have adventured to appoint the one
"and twentieth of August next for our meeting you at Williamsburgh
" agreeable to M"" President Jening's request and yours, being desirous to
"shew my ready complyance to anything that may make evident my
"willingness to retrieve the passed time.

" I design to-morrow to send a Messenger directly to M"^ Lawson to
"advertise him hereof. In the meantime

I am

Gent

Your most humble servant

EDW^ MOSELEY

August 21'' We went to Williamsburgh expecting to have meett the
Comm" of Carolina, but they did not come. August 25"' Being in-
formed that M'' Hyde (Governor of North Carolina) was come to Wil-
liamsburgh, and expecting the Conim'''' were come with him I (Philip
Ludwell) went thither where I underst<jod Mr. Lawson had been there,
and was gone to Cajitain Jones' with design to return home speedily there
being no news of M"^ Moseley. I immediately waited on the Governor
to receive the Direcons how to proceed who was pleased to direct me to
dispatch a Messenger early next morning to M'' Mosely to desire his Com-
pany as soon as possible at W°"burgh and in the mean time he was
pleased to engage M' Lawson to stay for the return of the Messenger.
August 26"' Early in the morning I sent away the following letter to
M"^ Nathaniel Harrison to be by him sent to M' Moseley.

Virginia August 25"" 1710. Conformable to your apjiointment in your
letter of the 25'" of July. AVe mett at W^'burgh on the 21" instant where

89

738 COLONIAL EECORDS.

we flattered ourselves we should have had the houour of your Company
but being disa2)pointed of it that day without hearing from you and also
being informed that several Carolina gentlemen designed to wait on M''
Hyde that very day at Norfolk We concluded we should see you at
Williamsburgh in tAvo or three days Our Conjecture proved not alto-
gether wrong for M' Lawson arrived on Wednesday or Thursday (having
been hindered a day or two in his passage) but not finding you here
resolved to return home speedily Our Governor Coll. Spotswood being
desirous to bring this affair to as speedy a Conclusion as may be (and
being apprehensive that if we fail of a meeting while M'' Lawson is here
it will be in vain to expect any further proceedings in Concert with you
this year) commands us to desire y'' Company at W°"burgh as soon as
possible because M'' Lawson's affairs are very urgent and his Hon"^ has
undertaken to engage M' Lawson to stay three or four days longer

We send this by an Express & hope to have the Honour of your Com-
pany at Williamsburgh by Wednesday next where we shall be always
ready to do everything that can be expected for expediting this good
Work and in the meantime, We are S'

Your most humble servants

PHILIP LUDWELL
NATH: HARRISON
To Edward Moseley Esq" one of
the Commissioners appointed for
setting the bounds betwixt Vir-
ginia & Carolina, at his house in
North Carolina

As soon as this Letter was dispatched I sent a letter to-M"' Lawson
Inviting him to my house & to inform him that We had sent to M'
Moseley and expected he would come in four or five days. In answer
to which he \\ ritt that he had already promised the Governor to stay
for the return of the Messenger.

Aug' 30. We mett the Carolina Commissioners in the Conference room
in the Capitol. As soon as our Commissions on l)otli sides were read M'
Moseley objected that we could not treat of this affair because there was a
variance in our Commissions. For their Com* impowered them only to
Act in Conjunction with us and by the jji'eamble of our Comm" it seemed
that the Queen designed no more ct yet our Commission impowered us
to Act separately. This he insisted on very much (juestioning the Gov-
ernors power to give such a Commission, ^^'e argued that it could be
no objection that a Commission had too full a power given him to treat

COLONIAL KECORDS. 739

Tliat onr Commission appointed us to Act in in Conjunction if they
M'oukl, & to that end we \\'ere mett and if our Commission did go fur-
ther to imjiower us to act separately in case of disagreement that coukl
be no ol>j(.'ction till we had treated & tryed whether we coidd agree or not
besides M'c thought that what we were appuinted to do in ease of Disa-
greement could not ])roperly be called acting seperately since it was
nothing but what was necessary for giving Her Majesty a full informa-
tion of the Case whereby she might be enabled to make a Determination
of it & as to the Governors power since he had given it under his hand
that it was in pursuance of Her Majestys commands we should not doubt
his power nor our own if she did not agree. At last M' Lawson being
satisfied M' Moseley was forced to quitt the argument and then we pro-
ceeded as the Minuts taken by M"' Robertson will shew, but we must
remark that M' Moseley started all the captious Arguments and Excep-
tions that could be.

This Conference ended without coming to any other agreement than
that we would proceed to take more Affidavits on both sides & then make
a Tryal of the Latitude at both the contested places. In order to wliich
M' Moseley agreed to come to Green Spring the next day, from whence
we were to sett out to take the Virginia Affidavits first, but I (Nathaniel
Harrison) being taken very ill of an Ague that night, I (Philip Ludwell)
went to the Governor's next day to meet M' Moseley & endeavour to pnt
off our Survey for two days, but I found M"" Moseley very ui-gent to
delay it much longer, for he said his horse was gravelled, & he had such
urgent business that he must go home at last (the Governor pressing him
very much) he came to this resolution that on Tuesday the 19"" he would
come to the house of M"" Nath : Harrison to proceed in taking our evi-
dences in Virginia, and from thence we should go with him to Carolina
to take their evidences, which we hoped might be done by the 28*, against
which time he was to give M' Lawson (whom he expected to see that
night) notice to meet us with his Instruments to go & try the Latitude.

September 2P'' Having waited in vain these two days for M'' Moseleys
coming We proceeded to Coll. Harrison's, where we mett with Thomas
Cotton & took his Affidavit From thence we went to Henrv Brigg's,
where we mett Rich'' Washington & took his Affidavit from whence we
proceeded in our way to Nottoway.

The 22"'' We went to the Nottoway Indian Town, where we had
appointed Henry Wych to meet Us to give his Deposition, but he did
not come. Here we took the Examinations of three Wyanoake Indian
women that live here; having given them strict Charge to tell nothing

740 COLONIAL RECORDS.

but the truth. But the Nottoway Indian old men being gone to gather
Chinkopens We deferred the taking their Exajiinucons till our Return,
and went to the Nansemond or Potchiak Indians Town. In our waj'
thither we niett one Richard Bratwell wlio told us that he had entered
for about 1000 acres of land with M'' Moseley and had it surveyed upon
Malierine River, being persuaded to it by the s"* Moseley, who assured
him it was in the Carolina Goverinnent and that Nottoway River was
Wyanoake and he pretended to read a copy of the Cai'olina Clharter which
express'd that they were to begin at the Nortii end of Carotuck Inlett,
& to go to Weyanoake River or Creek being in 36 J Leg I^at ; & that
M" Moseley did take the Latitude of Nottoway River's mouth, & told
him & others then present that it agreed, and from thence he run a due
West Course to Maharine River, and we afterwards had y^ same acco'
from others. But M' Moseley on oui- asking him, denyed that he had
ever tried the lattitude of Nottoway River, tho' he owned he had run a
line from the mouth of it due West to Maharine River, w"'' he did by
order of their Council.

The '23'"'. We took the Examinacons of Great Peter the Nansemond
Indian after his Examination he told us, that sometime before, he was
sent for to Coll : Pollocks, where were Governor Hyde, M' Lawson,
Coll : Pollock & others, they examined him concerning the Wyanoake
Indians and Weyanoke Creek that he gave them the same relation he has
given us, and that thereupcni Coll. Pollock was angry with him & said,
such storys would do the Propriett)rs a mischief; he answered that he did
not come of himself to tell any storys, but was sent for, & if he desired
to hear it, he would tell him the truth, but if that would not please him
he would not tell him a lye. That M' Hyde said he was in the right,
he said Coll. Pollock urged him very much to drink, but he thought they
had a design upon him & would not.

Then we proceeded to the Maherine Indian Town and took their Ex-
aminacon. At this place there was one John Beverley, who reckons
himself an inhabitant of Carolina, whom we desired to take notice of the
manner of our proceeding in taking the Examinations and of the ques-
tions asked them. This man had been all up Wicocon Creek & had
taken up some land in the Fork of the Creek where the Weyanoake
Town stood and when we made the Indians mark out upon the ground,
the Creek & Swamps, & the places where the Weyanoake Indians had
Corn fields he confessed the Creek Swamps & old fields were as they de-
scribed them.

The 24* we set out for M"^ Moseley's.

COLONIAL RECORDS. 741

The 25"' we arrived at IVP Moseleys, who seemed surprized at our
coiuiug liaviug as he told ns sent a Messenger to excuse his not meeting
us at M'' Harrison's and prevent our disappointment, here we stayed tliis
day & the next in expectation of Edward Smethwick & Francis Tomms
two witnesses w"'' M'' Moseley sent for, but tliey both made excuses that
they were not able to come. While we were here M"' Moseley showed
us a Letter from M' Lawson dated from Little River the sixth of Sep-
tember wherein he complains of the shortness of the time for taking the
Latitude (tho much later than he had formerly agreed on at our meeting
at W™''bnrgh his pinnace not being come for him, however he promised
to meet or get his Instruments at the place appointed if possible, and
recommending to M" Moseley a brass semi circle tliat was in that neigh-
borhood in case his did not come — but amongst the rest he writt that he
thought it would be of very ill consequence for them to submit to our
appointments. This Semi Circle M"^ Moseley showed us, but said he did
not think fit to carry it to the place appointed to try the Latitude, it being
s(j small that it could not be certainly determined thereby ; for the Radius
was but 6 inches, & was not capable of lieing graduated to less than 10
minutes, wherefore he would depend upon M" Lawson bringing or send-
ing his Instrument.

The 27"". We proposed to M"" Moseley to go to his Evidences but
Smethwick living at a great distance up Morattuck River, & M"" Moseley
not desiring us to go thither we went to Francis T(jmm's house and took
his declaracons being a Quaker, and here we must observe that M' Mose-
ley acted very disengenuously, for when Thom's answered some of our
questions to w"'' M" Moseley had made no objection, tho he answered the
same things over several times Ave could not without c|uarrelling prevail
with him to set down the answers in y*" same terms that Tomms spoke
them, but would be putting other words of a different signification into
his mouth, and endeavouring to prevail with him to speak them.

The 28"". We went to James Farlows to take his affidavit but M"'
Moseley having given him no notice of our coming, he was gone 12 or
1 5 mile from home to\\'ards M"" Moseleys home, which was directly back
again, and M" Moseley not insisting upon him as a material evidence
(for he told us he did not know what he could say, but that having lived
in Appomatux he supposed he could say something) We proceeded to
Maherine River to meet M' Beverley & M'' Allen the Surveyors with
whom we had appointed to meet M' Moseley and M' I^awson the next
day at Wicocon or Wyanoake Creek.

742 COLONIAL RECOEDS.

The 29"". We went to Wyeocon Creek where we niett M"^ Moseley
but M"" Lawson sent an Excuse & and one to act in his room ; They had
no sort of Instrument with them. He took the Ijatitude at noon with
M' Beverleys Sea Quadrant, the Radius whereof was two foot 3 inches,
& well graduated to two Minutes & a good plumb & fine thread. We
found the Zenith distance of the sun to be 48"'^ : 16" the Declination of
the Sun we allowed to be 6^ : 33". The Parallax we allowed to be two
min : By w"*" observacon the Latitude appeared to be 36'^: 41". The
day being very clear, this observation was taken at the window Earlis
about 2 miles up the Creek, thei-e being no firm land nearer but all
snnken marsh & Pocoson. Our horses getting from us last night, we
could not reach this place till a quarter after eleven, so that we had not
time to fix the quadrant to stand by itself, but held it by hand rested by
a stake of a fence & standing on another stake: To this M' Moseley ob-
jected that it was lyable to error & not so nice & certain as it ought to
be, wherefore we resolved to stay till next day and take another obser-
vacon. This day we examined Jn° Smith W" Bush Rich Booth &
Charles Merrit.

The 30'\ We took the affidavit of William Hooker, and M' Moseley
took the affidavit of Lewis Williams Then we proceeded again to take
the latitude at the same place as yesterday having fixed the quadrant
very firm & nicely, & used a horse hair to the plumb instead of the
thread, and according to the best of our observation we found the zenith
distance to be 43"": 29" The Declination we allowed to be 6^. 57" the
Paralax 2". By which observation the latitude appeared to be 36'' 40".
But some flying clouds intercepting the sun for some few minutes, this
observation could not be depended upon to a minute, yet M"" Beverly was
positive he was within 4 or 5 minutes at y'' utmost, & we verily believe
it was not above 5 or G minutes betwixt the last fair observation, & the
time we found the sun was considerably fallen: but M"' Moseley being
dissatisfyed we resolved to stay another day & take a new observation
for his satisfaction. This day we went down the Creek by water to the
mouth of it, & took y' Courses & Distances of the meanders, & found
the Creeks month to be 20 Poles to y' southward of the place where we
took the observation. Here Chowan River is about a quarter of a mile
wide and the Creek near 100 yards. It may not be improper in this
place to observe a true reason for M' Moseleys leaving behind him his
Brass Instrument for trying the latitude, that what lie was ])leased to
Give, of its being too small: For he owned he had with the same Instru-
ment taken the latitude of his own house, & afterwards showed us a map

COLONIAL RECORDS. 743

of that part of Carolina w""" lie had made from liin own surveys ; by w"*"
he niust certainly know what course & distance Weyanoake or Wicocon
Creek was from his house, and therein' could tell within 10 minutes in
what latitude the Creek lay according to that Instrument But if l)y bring-
ing that Instrument he should liaye discovered to us that the said Creek
was in the latitude of their (charter, or perhaps to the Northward of it
(as it appeared to be by our Quadrant) it might have been difticult for
him with all the subtlety whereof he is Master, to have fjund a speci-
ous excuse against so plain a Demonstration, whereas by bringing no In-
strument of his own he left himself at full liberty to find fault with ours.

The 1" of October was very cloudy, so that we could take no observa-
tion, and the sky threatening bad weather, we resolved to stay no longer,
but to go back to the Maherine Indians to examine them again in M"^
Moseley's presence, & in our way thither we took the examination of
John Brown.

The 2°* The Maherine Indians not being at home we proceeded to
the Nansemond Indian Town, in order to take the latitude at Nottoway
Rivers mouth, & to examine those Indians ; but when we came there,
most of the Indians were gone abroad to get Chincopens & it being a
rainy day we could take no observation.

I (Philip Ludwell) came up Chowan River almost from Wicocon
Creek by water with M"^ Beverley & set the Courses of the River as we
came up, & guessed the distances, by w"** we might be enabled to compute
how near our observations at tlic two places agreed, & we found them to
agree very near.

At the Nansemond Town tlie Inter])i'eter told us that when he went
down to Wicocon C'reek with a Nansemond Indian called Robin Tucker
who was sent by the Indians to shew us the C^reek on w"*" the Wyanoakes
formerly livetl, he called at one William Williams's house, where he met
with one M' Maul (who is y'' same person appointed by M' Lawson to
supply his place at our taking the Ijatitude) and that being sometime in
the House and the Indian left without, as soon as he (the Interpreter) came
out, the Indian told him, That man (meaning M'' Maul) was not good
for he had been (persuading) him to deny that the Weyanoakes had lived
on Wicocon Creek, & promised him two bottles of powder and a thou-
sand shott to do it. Upon w"'' we examined the Indian charging him not
to tell a ly of the Gentleman, & he assured us it was very true. This
M"^ Maid is M'' Lawson's Deputy Surveyor.

The 23"'''. We went to the mouth of Nottoway River and in an old
field on y° North East side of Chowan just opposite to the Lower side of

744 COLONIAL RECORDS.

Nottoway River, called by the people of Carolina Weyonoake Creek, We
cutt off the logs of a small tree, and fixed the Quadrant very nicely to the
stumps of it, & the day being; very clear we had a good observation.
We found the zenith distance to be ''45: "6. the Declination we allowed
for that day to be *8: "4 the Parralax "2 l)y which observation the lati-
tude of the place appeared to be just 37 Deg: But the Gentlemen were
not satisfyed yet, tho they stood continually looking on y^ Instrument at
M' Beverleys elbow, the pretence for their cavilling here was on this oc-
casion M"" Beverley while he perceived the sun still rising let the Instru-
ment stay a considerable time, and when he thought the sun at the high-
est, he then moved it, by which means it altered about 10 min: from what
it was before, and we did not perceive the sun to rise any more after-
wards. Upon which they agreed it was all uncertain, & that this could
not be taken for the sun's true latitude ; we endeavoui-ed to continue
there, & M'' Beverly desired M' Moseley to try it himself: but they
would allow no Instrument to be fitt for taking the Latitude except M""
Lawson's, w"** they design to have some time or other, and then they ex-
pect we should meet them again. We think the observacons wery exact,
but they cavill at every thing, for no other reason (as we can find) but
only to delay for we iniderstand M"^ Moseley has pursuaded people to take
up & has already survey'd almost all the land in dispute near the mouth
of the rivers that is of any value, telling them that they need be in no
doubt, that Nottoway River lay exactly in the Latitude of their Charter
& that he ran a West line from thence to Maherine River and the people
on this acco' believe themselves very safe.

That he has himself taken up a great deal of laud tliere, part of w'^''
he has sold & there are yet no patents issued for any of those lands but
he hopes to procure them (as we suppose) ujion the arrival of a Governor
or other settlement of their Government) yet fears he shall not only lose
his own land but be forced to refund \vhat the poor people have paid him
if it be determined to belong to Virginia before he can obtain patents in
Carolina, so that t'is not to be wondered he has fished for so many pre-
tences to obstruct a work upon the Determination whereof his own In-
terest is like to suffer.

The 4"* After a very hard journey we arrived at Nath' Harrison's
where we found M"" Moseley's letter of excuse dated Sunday September
the n**" with a Copy of Smethwicks Affidavit. The messenger that
brought this letter returned to M"^ Moseleys while we were there. W^e
asked him when he arrived at M' Harrisons? he answere<l on the Fri-
day after we set out, and being asked what made him so long on his

CI) [.ONI A I. UfX'ORDH. 715

jouriK'v as from Sunday to Friday, \\v aiis\vci\'d he did not set out on
liis Journey till Tuesday, w"** was tlie day we were to meet.

To tlie Hon*''" Alexander Spotswood Es({'''= Mer Majestys Lieutenant Gov-
ernor of Virginia —
May it please yo"^ Hon"^

Having in the preceding Journal given yo"^ Hon"" a full atrount of our
proceedings hitherto in this aifair. We humbly beg leave to offer yo"" Hon"^
our thoughts upon the state of the Case, which from the best observa-
tions we have made appears to us to stjind thus.
On the part of Virginia

P' There are two jiositive Evidences of good fame to the place &
name of Weyano-ake Creek.

2""* Several Evidences corroborating the Indians account of the Wey-
anoak Indians having bought land & lived upon the said Creek and very
near it for several yeai-s, not long before the Grant of the Carolina Char-
ter : from whence probably the Creek took its name, having no name
before that we heard of.

3"^ All our Evidences are unanimous as to the name of Nottoway River
which with the Indians account, corroborated by English Evidences of
the Weyanoaks paying an acknowledgement to the Nottoways (who lived
there long before) for living on that River, makes it seem improbable
the name of that River should be changetl from their living a few years
upon it, at least twenty five miles from the mouth, when they lived
juuch longer upon Blackwater without altering the name of it.

4"" The Evidences on the part of Virginia are all men of good Credit
and agree very well in their relation.

5"" The Latitude of Weyanoak or \\'eycocon Creek appears to agree
very near with the Carolina Grant whereas Nottoway River a[)pears to
be thirty minutes to the Northward of it.

On the part of Carolina

P' They have no Evidences that speak to the name of Weyanoak or
Weycocon Creek at the time of their Grant.

"2°* All their Evidence runs to the name of ^^'eyanoak River & not
one calls it a Creek & indeed Nottoway River seems to be the main
branch of Chowan River, & it is Navigable (if it were cleared) as high
as the head of Blackwater Swamp, whereas there Charter runs expressly
to Weyanoak Creek & that is called a Creek to this day.

90

746 COLONIAL RECORDS.

3'* Their Witnesses are all very ignorant men & most of them men
of ill fame that have rnn away from Virginia & some of them conoerned
in Interest & we plainly discover several of them did not understand
what they swore in their Affidavits & we ol^^erve that all of them con-
tradict tliemselves or one another.

Upon Consideration of the whole Case as the Circumstances have ap-
peared to be in the whole Course of our Progress, we are clearly con-
vinced that the place call'd Weycocon is the place called Weyanoak
Creek in the Carolina Charter, & from the backwardness of the Carolina
Comm" to meet us &.to bring this business to a conclusion, together with
the frivolous objec^tions they make upon all occasions to retard our pr(j-
ceedings, & some other Observations we have made, which are too tedious
to insert here, we cannot choose but believe that they or one of them at
least is convinced of this in his own Judg' (if he would be so ingenuous
as to own it) but either for private interest or some other reason to them-
selves best known tliev hope to put otf the Decision for some time.

Signed. PHILIP LUDWELL.
Vera Copia N. HARRISON.

WiL : Robertson S'. Com.

fB. P. R. O. B. T. Virginia. Vol. 13. O. 65.1

AT A COUNCILL HELD AT THE CAPITOLL THE 24">
DAY OF OCTOBER 1710.

Present
The Hon"' the Lieut' Govern'
Edw"" Jenings Henry Duke

Dudley Diggs Jn° Smith

Rob* Carter Jn° Lewis

Jn" Curtis Esq'" W" Churchill

Ja : Blair Com'' and

Phillip Ludwell W"" Byrd Esq"

Upon reading & considering at this Board the Journal & report of
Phillip Ludwell Esq^'ct Natli^ Harrison Gents Commissioners appointed
for settling the Boundarys between this her Majestys Colony & the prov-
ince of Carolina. The Councill are of opinion, tliat for obviating any
misrepresentations w"*" may be made in England Ijy the Com" on the

COLONIAL RECORDS. 747

part of Caroliua, It is necessary for her Maj'^" Service, to transmit to
the R' Hon*'" the Lords Com" for Trade & plantacons, a Copy of the s'*
Journall & report, & likewise represent to their Ijordships the difficul-
ties w'^'' the Comiss" appointed for this CJolony have encountered in order
to bring those of Carolina, to joyne in the necessary measures for accom-
plishing this work. That the s* Comiss" of Carolina, are both of them
persons engaged in Interest to obstruct it, for one of those Gentlemen
has been for Severall years last past Surveyor General of that Province,
& has acquired to himself great profit by Surveying Lands w"'in the con-
troverted bounds, and has taken up severall tracts of land in his owne
name & sold the same to others for w"** he stands still obliged to obtaine
patents from the Governm' of Carolina. The other of them is at this
time Surveyor Generall, & hath the same prospect of advantage by mak-
ing future surveys within y" said Bounds — That the whole -behaviour of
the Carolina Comiss" hath tended visibly to no other end than to pro-
tract & Defeat the Settling this AflPair ; & particularly M" Moseley has used
so many Shifts & excuses to disappoint all Conference w**" the Comiss" of
Virg" as plainly show his Aversion to proceed in a business that tends
so manifestly to his disadvantage. His prevaricatting on this occasion
hath been so indiscreet & unguai'ded, as to be discovered in the presence
of her Maj'^* Lieut' Govern' He started so many Captious objections, to
the jiowers granted to Comiss"'^ of Virg" w"" designe to render their Con-
ferences ineff'ectuall, that his owne Colleague could hardly find an Excuse
for him. And when the Govern'' had with much ado prevailed w*"" the
said M'' Mosely, to appoint a time for meeting the Coniiss''^ of Virg" &
bringing the necessary Instruments, to take the lattitude of the Bounds
in CV)ntroversy (w"*" Instruments he owned were ready in Carolina) he not
only failed to comply with his own appointment, but after the Comiss" of
Yirg'^ had taken the pains to make a journey to his house, & attend him to
tlie places proper for observing the Ijattitude, lie would not take the trouble
of carrying his owne Instrument, l)ut contented himself to find fault
with the Quadrant produced by the other side, tho' the same be an Instru-
ment approved by the best Mathamaticians, & of universall use. From
all w"*" it is evident, how little hopes there are of Settling the s* Boun-
darys in concert with the present Comiss" of Carolina. That tho' the
bound of the Carolina Charter are in express words limited to Weyan-
oake Creek lying in or aliout thirty six degrees ct thirty minutes of
north Latitude, Yet the s'^ Comiss" of Carolina have not by any of
their Evidences, pretended to prove any such place as Weyanoake Creek,
the whole of their Evidence reached no further than to prove Wevan-

748 COLONIAL RECORDS.

oake river & even that is contradicted by the affidavits w"*" have been
taken on the parts of Virginia. B}' these it is proved that before the
date of the Carolina Charter & all along to this day the place they pre-
tend to be Weyanoake River, was & is still called Nottoway River. Bnt
supposing the same had been called Weyanoake river, it can be nothing
to their purpose, since every one knows there is a great difference between
a River & Creek : besides there are in this Country diverse rivers &
Creeks of the same namej Potomack River & Potomack Creek, Rappa-
hanoek River & Rappahanock Creek, & several others & yet there are
many miles differences between the mouths of those Rivers, & the mouths
of the Creeks of the same Name. It is also remarkable that the wit-
nesses on the part of Carolina are all very ignorant persons, & most of
them of ill fame & reputation, & on y' acco' were forced to fly from Virg"
to Carolina. • Further there appear many contradictions in their Testi-
mony, w"*" shall be particularly observed, when this matter shall be ripe
for a final report. Whereas on the other hand, the witnesses for proving
her Maj*^^ right are persons of clear fame & eminent figure in this Coun-
try, likewise their knowledge of those parts is more ancient than any
of the witnesses of Carolina, & their Evidence fully corroborated by the
ConcmTant testimony of the Tributary Indians. It is also Confirmed
by the observations of y' Latitude lately taken in those pai'ts; by which
it is very plain that the Creek proved to he Weyanoake Creek by the
Virg* Evidences, & sometimes called Wayocon, Answers best to the
Lattitude described in y" Carolina Charter ; For this lys in thirty six
(legs & forty minute (w"'' is ten minutes to the northward of the limits
prescribed in their grant) But Nottaway River w''*' they pretend to have
been called Weyan(_)ake River, lyes exactly in the lattitude of thirty
seven deg* & can by no construction be supposed to be the Boudarys
described in their Charter. So y' upon the ^\•hole matter, if the Comiss"
of Carolina had no other views than to clear the just right of the Pro-
prietors, sucli undeniable Demonstrations would be sufficient to convince
them, But the said Comr''' give too much Cause to suspect that they mix
tiieir own private Interests, with the Claims of their Masters, & for that
reason endeavour to gain time in order to secure patents for the lands already
unwarrantably taken up, & to have liscence to survey the rest & on this
occasion it is observable that they proceed to survey the land in dispute,
notwithstanding the assurance given by that Government to the Contrary,
by their letter of the 17"" of June 1707 in w"*" they say That no lands
sliould be taken up w""" the Contravertetl Bounds, till the same wei'e
Determined. This Bciard do therefore humbly Conceive it Necessary foi'

COLONIAL RECORDS. 749

her Maj'*' service that a letter be writt to the present Govern' or Presid'
of Carolina to assert her Maj'^' Right to all the lands to the Noilhward
of the month of Weyanoke Creek & the line that will rnn in a dne west
eonrse from thence to Morattuck River, as it is proved by the witnesses
on the part of Virg" & also to protest against the signing of patents for
any lands within those Bonnds, till her Maj'^' pleasure be known. And
because the Governni* of North Carolina, who have broke thro their for-
mer engagements, may still refuse to Comply with so just a Caution. It
is humbly prayed that the R' Hon"' the Lords Comiss" for Trade &
Plantacons, will be pleased to take such measure, as they shall think
proper, w**" the Lords proprietors of Carolina, to Stop the passing of any
such patents, & to vacate the same if already passed, For besides the
many inconveniences w"^ may happen to this her Maj'^^ Governm' of
Virg", by allowing of such grants. It is highly unreasonable that her
Majesty should be deprived of her just dues for the Entrys & Quit rents
of those lands, & that the Goverimi' of Carolina or any private persons
whatsoever should reap advantage by their illegal entroachmcnts on her
Maj'" property —

And for preventing all occasions of complaint w"'' may be made on the
part of the Comso""^ <jf Carolina, it is ordered that the Comiss"'" for this
her Maj'^' Colony do attend them at such times as they shall appoint, for
trying the Lattitude by their Insti'iunents, & for Examining the witnesses
w'^'' the}' yet pretend to ha\',e. And in Case the s"* Coinmiss" of Carolina
shall still refuse to lay out the Boundarys, according to her Maj'^^ direc-
tions, The Com" of Virg'' are further required to Endeavour, that a state
of the Case be drawne up & signed l)y both partys, according to the truth
of the facts proved, in order to be layed before her Majesty for her Royall
pleasure & final Determination therein.
V(!ra C'0})ia

W"' ROBERTSON CI. Com:

[B. P. R. (). N. C. R. T. 7. p. 35.]

Craven House Decemb'' y" 7"" 1710.
Present
His Excellency William Lord Craven Palatin
His Grace the Duke of Beaufort.
The Hon^'" Maurice Ashley
John Danson Esq"^"

750 COLONIAL RECORDS.

Moved by his Grace the Duke of Beaufort that a Governour be made
for North Carolina Independent of the Governour of South Carolina
Agreed that Edward Hyde Esq" be made Governour of North Caro-

[Spotswood's Letters. Vol. 1. p. 44.]

GOVERNOR SPOTSWOOD TO GOVERNOR HYDE.

Wmsburgh in Virg'a, December IS"*, 1710.
Sir:

Tlie Commissioners apjiointed on her Majesty's behalf for settling
the Boundarys between this Colony and Carolina, have reported to me,
that notwith,standing the publick engagements of the late President and
Council of Carolina, that no lands should be taken up within the
contraverted bounds till they wei'e finally settled and adjusted. Never-
theless great Tracts of T^and have l)i'cn surveyed and taken up in those
parts by the Inhabitants of Carolina, and laid out by the Surveyor of
that Province, and that the jircsent Surveyor General of Carolina and
his deputies still continue ye same encroachm'ts on her Majesty's pro-
pertv, although neither of tliem can be ignorant how fai" it is aimed on
her Majesty's behalf, after having been privy to the jiroots and examin-
ations taken by the Comm'rs for settling the Boundarys. \\'herefore,
that I may remove the uureasonal)le pretences of such people who may
fancy themselves to have ac(iuired a Right to those Ijands by their ini-
warrantable Encroachments, I think it necessary to acquaint you that I
do in her Majesty's name assert her Right to all the Lands lying to the
Northward of the mouth of Weyanoake Creek, now called Waycocon,
and to the Northward of the Line w'ch according to ye Charter of the
Proprietors of Carolina ought to be run in a due west course from thence
to ye South seas. And I do further protest against the signing of Pat-
ents for any land lying to the Northward of that Ijine and Boundary.
And for as much as I have lately issued a proclamation containing the
firmer prohibition of making Entrys within ye disputed bounds by the
Survevors or Inhabitants of this Colony, it will not I hope be thought
unreasonable that I expect the like prohibition to be made on the part
of the Government of Carolina untill the determination of the present dis-
putes concerning the bounds, w'ch I shal on my part endeavor to hasten
as much as possible.

Directed To the hon'ble Edw'd Hide, Esq'r,

Gov'r of North Carolina in Council.

COLON I A I. RECORDS. 751

1711.

[B. P. R. O. B. T. Virginia. Vol. 13. O. 77.]

PART OF A LETTER FROM COIAj: HYDE DATED NORTH
CAROLINA JANUARY THE 2V' 17fJ.

And now a.s to that part of yours and the letter from this C'otiiu'il
relating to the boundarys, I shall have all the regard possible to it, and
will lav it before the Council as soon as these Commissions are perfected
which I hope will be to-morrow. And then by the first opportunity after
you shall have the result from me, and were it only a matter wherein
yourself were concerned I should ever act with the greatest respect pos-
sible, but this being a niatter of so great a consequence wherein the Queen
is concerned and a Charter granted from the Crown to the Lords Pro-
prietors I dare not presume to act of myself in it, but with the approba-
tion of the Council. I have forwarded a letter to M" Lawson, and am sorry
to hear that anything has been acted as it not approved on by you, or
anything neglected as might have been done more to your satisfaction. I
have great complaints how they in Virginia drive over the Meherron
River great stocks of Cattle, which drive stocks of this Colony along
with them, and if the owners look after them, they are upbraided with
destroying those they have nothing to do with, The Meherron Indians
are veiy insolent and very abusive to our Inhabitants, and kill Cattle and
Hoggs of ours, supposing they can have protection from you, I hope you
will not countenance anything of that sort, but that there may be a fair
decorum kept, till the contraverted bounds be determined and that you
will not proceed in drawing the Line till the Comni" of this place jt)in,
which I shall endeavour to forward with all the earnestness I can.

ANSWER TO THE FOREGOING LETTER DATED FEB'^

.r 1710.

I'm sorry to hear that our Tributary Indians disturb or injure any of
her Majesty's subjects, and shall take care to prevent as much as I can
any ground of complaint as to the Maherines ; but if those injurys are
done to persons within the contraverted bounds I think they have as
little reason to complain as they have Right to be there. I'm sure none
of them have had any liberty from this Government to take up land in
those parts and I hope the Government of Cai'olina have had the same

752 COLONIAL RECORDS.

regard to their own publick engagements not to suffer any eneroaclinients
to be made by the Inhabitants of that Province wliich we have liad the
more reason to expect from them ont of respect to her Majesty in whose
belialfe that Land lias along been claimed.

LETTER FROM COLL: HYDE DATED NORTH CAROLINA
JANUARY 'ifj'" 17|f.

I take this occasion to inform you that I have considered your letter,
and am willing to putt to further Entrys on the North side of Wiccouse,
till the meeting of the next C-ouncil the 12"" of March, by which time I
expect to have the Lords Proprietors Instructions to their Connuissioners
laid before us, and till then can give no further answer to that, reserving
withall to the present Possessors and Claimers (by virtue of Entrys &
Surveys) their rights which cannot with reason be slighted, because it
hath always been taken with good reason, to be within this Government,
and shall give orders accordingly. I take it to be necessary also to
acquaint you, that the Meherron Indians made an agi'eement with this
Govermiient, that they would not claim any land on the south side of
Maherine River. Notwithstanding which they have interrupted the
present Possessors of the Lands between Maherine River and Wiccouse
Creek, requiring them to leave their plantations without delay within
three miles of their town, and have been very insolent therein, which they
pretend an authority from your Government for so doing, and are en-
croaching upon the branches of Wiccouse, which may with reason be
hoped will be checked by you. I shall press our Commissioners all in
my power to forward the matter, so that they and yours may act in con-
junction together, and I would persuade myselfe that you would not pre-
cipitate this aifair, till our Commissioners join yours, and I have ground
to conjecture that M'' Lawson has been or still is untler some great dis-
order, or I should have received an answer to mine which was forthwith
sent him upon my receipt of yours.

I shall always be glad to preserve a good understamling and corres-
pondence betwixt the two Governments, and will never be wanting on my
side to effect it in all things that I can answer to my Masters.

And tho' in comparison of Virginia ours is an infant Govcrniiient J
promise myself from your candour that no hardshi])s l)c offered u--, till
the controverted bounds be fullv determined. I am t\:c

COLONIAL llEOORPS. 753

ANSWER TO THE FOREGOING LETTER.

Since luy Letter of" the :Y instant I received bv Gapt : -Tones yonrs of
the 29* of January which I had an opportunity next day after the re-
ceipt to (•onimunicate to the Council, and can't forljear letting you know
with how much satisfaction they received the assurances of your readi-
ness to stop further Entrys within the contraverted l)ounds. and to fintl
in the Government of Carolina a Gentleman whose word can lie de-
pended on, afler the publick engagements of those formerly in the
administration there have proved of no effect, and have been so little
regarded that the Surveyor General who was then one of the Council,
and obliged himself under his hand to suffer no further encroachments
on the Lands in dispute has l)een the principal occasion of those that
have been committed since.

It has been the chief care of those in the administration of affairs here
after they understood the pretensions of the Lords Pro])rietors to hinder the
seating of any of the Inhabitants of this Colony on the land in C'ontro-
versy, to wJiich purpose orders have been issued from time to time to
restrain them ; and to discourage them the more it was thought necessaiy to
give publick notice that none who did unwarrantably seat themselves upon
that Land should be admitted to claim any Right, if it shoidd be deter-
mined to belong to her Majesty and for that reason I cannot agree to
what you are pleased to intimate in your Letter of reserving to the pres-
sent Possessors and Claimers the Rights they appere themselves to have
acquired by virtue of Entrys or Surveys ought to have been made before
the bounds had been ascertained, there being no reason why that Land
should be taken to belong to the Proprietors untill the disputes are
determined since the presumption of right till then is much stronger for
the Queen, and there's as little reason that the Inhabitants of Carolina
should be on a better foot than those of Virginia. I shall be very glad
to have this matter brought to an issue as soon as may be, by the inter-
vention of the Comni'"^ that are appointed for that purpose; but if you will
consider how long it has been in agitation I'm persuaded you will not think
there has been any precipitation used in negotiating that in the space of
ten months (for it is no less since it was first sett on foot) which might
have been done in less than one ; and if your Commissioners be left to
their own inclinations, I'm apt to believe according to what they have
acted hitherto, they will find excuses to delay It as many years as they
have already done months. For my part as I must plainly declare that
91

754 COLONIAL RECORDS.

to proceed witli sueh Dilatorvne,s8 is not paving a jnst deference to her
Majesty's commands so on the otlier hand it cannot be for the interest
either of the Queen or of the Proprietors, since whatsoever lias the right
must in the mean time lose the benefit of the (^uit rents, and that loss
together with the Distractions among the People through the uncertainty
of their titles will he but slenderly compensated l)y the private gain of
your Comm" in the immediate surveys tho' that seems to have been their
chief aim in all these affected delayes they have used in this Affair You
have yourself been witness how much I have pressed them to proceed and
how little effect I have had of their promise, I have now lately had Let-
ters from England Pressing a speedy conclusion of this matter. Where-
fore I am fully resolved that if I don't speedily hear that your Comm"
intend to proceed in good earnest I shall order our Commissioners to go
on without them, and to prepare the best state of the case they can in
order to be laid before her Majesty.

(Endorsed)
Rec"* 5'" June

Read

}

1711

[B. P. R. O. B. T. Virginia. Vol. .58.— Extracts.]

JOURNAL OF THE VA COUNCIL. 1711.

At a Council held the 6"" day of February 1710.
The Govei'uor having been pleased to communicate to this Board two
Letters from Col. Hyde Governor of North Carolina dated the 2P* and
29* of January complaining that the Maherine Indians disturb the In-
habitants of that Province between Maherine River and Wiccouse Creek,
and have rc(]uired them to leave their jilantations within three miles of
the said Indian town, and desiring that a check be put to their proceed-
ings in that kind till the bounds be determined which he promises to for-
ward by pressing their Comm" to act in conjunction with those appointed
for this Colony ; but withall desiring that this Affair may not be precipi-
tated till their Com" can joine. LTpon consideration of which this Board
are of opinion that as to what concerns the iNlaherine Indians they have
much more reason to complain than the Inhabitants of Carolina the lat-
ter having been along the Aggressors in disturbing the antient possessions
of the Indians In' their new Incroachments and that the Cxovernment of
Carolina would have had no reason to complaine of disturbances from

COLONIAL RECORDS.

those Indians if they had followed the same metliod as has been observed
liere of restraining the taking up land within the eontraverted bounds, to
which they cannot be said to have a Right nntill the bounds be deter-
mined the presumption of Right being till then more strong in favour of
her Majesty and therefore this Government are in the meantime obliged
to protect the Indians in the possession of those Lands to which they are
intitled, by the articles of peace against the pretensions of the Inhabitants
of that Province. And as to what relates to the meeting of the Com-
missioners for settling the Boundarys. This Board are of opinion that
a letter be writt to the Governor of Carolina signifying to him that after
the many delays which the Comm" of that Province have used, it cannot
be justly said to be any precipitation if the Comm" for this Colony ai-e
directed to proceed without them in case they do not speedily fix a time
for proceeding jointly in this Negociation.

[B. P. R. O. B. T. Virginia. Vol. 13. O. 75.— Extract. G.]

COLONEL SPOTSWOOD TO THE BOARD OF TRADE

Virginia March the 0*" 1710(-11)
My Lords,

^ ^ ^ ^

^ ^ ^ ^

Notwithstanding all the instances I have made to the Government of
Carolina for obtaining a speedy deterrainatien of the Boundarys I have
not been able to bring their Commissioners to any resolutions, and it
plainly appears to me that their Chief design is to delaye it. I .send
your Ijordships the Copys of the Letters that have passed between Coll.
Hyde the Governor of that Country and me ; on this occasion : I must
do him the ju.stice to believe he is for his own part very well inclined to
bring this aifair to a speedy conclusion but he is upon so precarious a foot-
ing there, and his authority so little that he is forced to submitt his own
judgement to others whose interests are like to suffer by an equitable de-
termination of this Controversie.

^ ^ :+: * *

My Tiords your Lordships

Most dutifull and most obedient
Humble servant

A. SPOTSWOOD.
(Endorsed)

[711.

Rec" 5"'june\^,

Read 8'" June J

756 COLONIAL RECORDS.

.[From N. C. Letter Book. S. P. G.]

DE GRAFFENREID TO BISHOP OF LONDON.

From New Bern, in North Carolina, 20'*" April, ITIL
My good and excellent Lord : —

The ini.sfortnne I met with in all being; unexpectedly hurried away
from Ijondon to New Castle to meet my Swissers, in order to trans-
})ort them into North Carolina after those six hundred and fifty j)al-
atines, I had sent hefore, which unlookcd arrival of them so far nortli,
gave me notice to pay my duty to your lordship, whom then, I was
told, was neither in Ijondon nor at Fulham. I can assure your lordship
no person of any raidc is unacquainted with that great and good charac-
ter vour lordsliip has, and merits. So I can make no excuse on that he-
half, hut heartily beg pardon, and at the same time humbly request youi'
lordship to aeee])t of me and my peo])le, and receive us into your Church
under your hardship's patronage, and we shall esteem ourselves hai)i)y
sons of a better stock ; and I hope we shall always behave ourselves as
becomes members of tlie Church of England, and dutiful children of so
pious and indulgent a fatiier as yonr lordship is to all under your care;
in all obedience, craving your lordsliip's blessing to me and my country-
men here, I make bold to sul)s<'ribe,

My lord, yours, etc.,
C. DE GRAFFENREID.

[H. P. R. O. N. C. B. T. 7. p. 45.]

Craven House May y" 8"^ 1711.
Present
The Lord Carteret for himself and the Lord Palatin
Maurice Ashley Esq"^
Sir John Colleton Barr'
John Danson Esq"
Several poor Saxons appeared and desired land att one penny "^ Acre
vearly in North Cai'olina and it was agreed that they should have 100 Acres
"^ head and that a Warrant ])c prepared to W Lawson according.

COLONIAL RECORDS. 757

[B. P. R. O. Journal Va. Council.]

13, June 1711.

Philip Liidwell Esq" one of the Commissioners for settling the Boun-
(larys between this Colony & Carolina, reported that the said Comm"
had lately mett those of Carolina and had made tryall of their Instru-
ments for taking the latitude both of Way con's Creek and Nottoway
River, that the Instrument In-ouglit by tlie Comm" of Carolina was an
astrolabe of 5^ indies Radius and tlic graduations thereon so small that
it was not possible to take the Tiatitudc exactly by it, that their observa-
tions differed ccmsiderably at both places, That they had agreed to meet
at Corrotuek, to try the Latitude there. In oi'der to wliieh Her Majesty's
Comm" went aeeordingly to Cori'otuek and waited there four days but
those of Carolina did not come, That sinee their return liouie they have
writ to the said Comm" and (lesire<l tiiem to appoint another time and place
of Conference and expected an answer every day in order to come to a con-
clusion of this matter, and that they may be al)leto make their final report
thereon ifi be layd before this Board.

Whereas the Governor was pleaseil this day to communicate to the
C'ouncil the advice he has received by Letters from Coll" Hyde President
of North Carolina of great eonnnotions in that Province raised bv one
Coll" Thomas Cary late President there against the present established
Government and that both partys have taken up arms to support their
pretences, this board taking into consideration the dangerous consequence
of such proceedings both in respect to the Calamity it may bring upon
Her Majesty's subjects of that Province by involving them in a civil
war, and more especially the bad influence it may have on this Colony
by encouraging the servants and negroes and other jJcrsons of desperate
fortunes to run from hence in hopes of jirotection from the party in arms
there. Do therefore think it necessary for Her Majesty's service that the
Governor impjoy his good offices for mediating a reconciliation of the dif-
ferences in the said Province of Carolina or at least a suspension of anv
acts of violence between them until their said differences can be deter-
mined by the authority of the Lords Prop" and for that purpose tiiat tJie
Governor will be pleased to make a choice of some discreet person to be
sent to the said Province of Carolina to offer such mediation to the heads
of both partys. And it is further Ordered by the Governor in Council
that the commanders in chief of the several Counties bordering on Caro-
lina take all possible care that none of the Inliabitants of this Colonv
engage or concern themselves in the interest of either of the said partys.

758 COLONIAL RECORDS.

[B. P. R. O. B. T. Virginia. Vol: 13. O. 98.]

COPY LETTER TO COLL" GARY AND M' HYDE

June 20"^ 1711.
Sir,

I am extremely concerned to hear that the diiferences in the Govern-
ment of North Carolina are grown to'^such a higlith as to engage the in-
habitants there to take np arms against one another. As I am a fellow
snl)jeot of the same sovereign I cannot hut l)e .sensibly touched with the
prospect of thdse niiserys into which a great many of her majesty's sub-
jects in your Province must be involvctl by ])ursuing such unlia})j)y
Counsels, and therefore for preventing tiie fatal con.sequences which will
inevitably attenil the further progress of the.se Commotions, I have with
the advice of her Majesty's Council here, thought it necessary for her
Majestys service to oft'cr you my JMediutiou for accommodating the pres-
ent diflerences. Since 1 am not without hopes some good expedient may
be found out to establish a good Correspondence and pacification among
you, nntill the matter in dispute be determined by your Masters the
Lords Proprietors, which I'm persuaded will be found the true interest
of all partvs. For this pnrpose I have sent the bearer M' Clayton to
dl.spo.se both Collonel Hyde and yon to accept tliis ofi'er I have chosen
him becau.se of his great moderation and evencss of Temper, which ren-
der him very fitt for mauageing an affiiir of this nature, and on who.se
truth I can depend for a faithfull and im])arti:d relation of what you
shall charge him with

"From any correspondence I may have Iiad lately witli AP Hyde yon
"have no reason to apprehend any partiality in my mediation, for I am
"sure that Gentleman mu.st do me Justice to declare that I have ever ad-
" vi.sed him to moderation, and to his endeavonring to reconcile and unite
"both partys ; And it is upon this Basis that I now propose my media-
"tion, if this cannot be effected at this di.stance I shall not think it too
"much trouble to come to any place on the confines of this Government
" for the better accomplishing so good a work, in the meantime I nui.'^t
"de.sire you on your part (as I have Coll: Hyde) to di.smiss the forces you
" have raised, and to do everything that may testify you are sincerely di.-^-
" posed to yield to whatever is just and reasonable.

N. B. The paragraph marked thus ( " ) was only in M'' Gary's Letter.

COLONIAL KECM)RDS. 750

[B. P. K. O. B. T. ViKoiNiA. Vol. 13. O. 98.]

tup: following letter was not to be DELIV-
ERED TO M' CARY UNLESS HE RP:JECTED
the ^MEDIATION OFEERED IN
THE PRECEEDING
LETTER.

VlKGIXIA June 21=' 1711

Sir,

I shall be ^urry if AP Glaytuii shall find you so little <lisposed to a
reasonable and peaceable accomniodatiun as to l)e uecessitated to produce
this letter to you, whereby I must plainly declare to you that I do not
design to stand idle and see so near me her Majesty's subjects misled into
unhappy distractions, her peace and authority tumultuously trampled on,
and the Tranquility of this Government endangered by your wild com-
motions. What are you out of your witts to dispute whether M' Hyde
be sent over to be your Governor? Surely you will not persist to give
occasion to the spilling of more blood in so unjustifyable a contention !
if your confidence in a superior force at this time encourages you to keep
up those tumults, yet think that the evil day of account for such bad ac-
tions cannot be far off, and consider what severe penaltys are due to the
author of a commotion which may fairly come under the denomination
of a Rebellion. I'm informed your design is to .seize M"" Hyde with all
his Council, but be assured that I am so well satisfyed with the legal
Authority he is vested with and have such an aweful Reverence for that
family which he has the honour to be related to, that so long as I have
any power at han<l I shall not suft'er him to ly imprisoned by a Plebeian
Route ; once more I offer you my mediation for peace. Think what
miserys you involve your Country in, and what coals of fire you heap
upon your head by refusing it. So bid you heartily farewell
Sir

your friendly fellow sulyect and mo.st humble servant.

760 COLONIAL RECORDS.

[B. P. R. O. B. T. Virginia. Vol. 13. O. 99.]

LpypTER fro:m the president and council of

NORTH CAROLINA TO COLONEL 8POTSWOOD.

•iO'" Jiiuf 171L
Most Hono*-'' Sik,

A.s iiothinji' <'an stamp so (k'cp an Impression of" Cratitudu upon the
minds and hearts ol" ns the President and Conneil and all hiyal and hone.st
snhjeets of North Carolina than yonr Hon''* jrenerons mediation to reeon-
eile the most di.stracted Cnnntrv in the (^neen's Dominions So no ocea-
sion can ever pass withont our acknowledgement for so noble otters of
vonr Friend.ship and as we l)eg leave in the most pnbliek and most
respective manner to acknowledge it so we mn.st entreat leave to repeat
it for your favour in sending M' Clayton a person so fitted with all the
qualifications possible for his great wisdom, temi>er and zeal to negotiate
so weighty an atfair, and to etfect it with success if he liad not by expe-
rience found that there is neither honour nor faith to be depended on from
either Colonel Cary or his rebellious crew.

Wee the Pre.sident and Council have with great heartiness and a just
sense of your goodness end)rac'd your Hon'" mediation and desired M'
Clavton to go with your Hem'* Letter directed to Col : Cary on that Sub-
ject, which he did deliver on the 26"" instant, l)eing the day atter he
arrived here. Col: Cary was then under sail in a Brigantine attended
with a Barque Togue in this Sound about four leagues distant from this
place, what discour.se M'' Clayton had with him on the subject of v-our
Hon" letter he will particularly inform you, the result of which was that
a meeting sh'd be had the next day lietween us and Col: Cary with his
pretended Coimcil at the place appointed by him, and all acts of hostility
•should cease in the mean time and his forces to remain where he then wa.s,
but upon consideration that place was found inconvenient, and M' Clay-
ton according to agreement with him sent ott' a Boat with a Letter to
acquaint him that we could not meet at the place named by Col° Cary,
and named two other places, at either of which he desired him to appoint
a meeting the then next day, tis true the Letter could not reach him in
time bv reason of bad weather, but two hours before the time appointed
for meeting the first day Col° Cary advanced towards us with his Ves-
sells with a Flagg on his Main top, and came within five miles of this
place, and took his station betwixt tiie place whei-e he appointed the meet-

COLONrATv RECORDS. 761

iii^iind uur Giiimls. So that had we i>;um3 aorording to hin appointment
onr pas.sage l)aek had been eut off.

Notwithstanding all which nnt'air Dealings AP C'layton went a .second
time and ilelivered your Hon" second Letter, but Col" Carv wholy re-
jected your Hon" mediation, so that M"" Clayton returned without success
as he himself will more particularly inform you. Col° Carv is now
under sail and approaching towards us so that we hourly expect to be
insulted by him, what the event may be God only knows and consider-
ing no faith can be given to his words and promises and that he declines
all Offers of peace, and even the gratious Offer of your Honor's media-
tion. We earnestly request yt)U will be pleased to assist us with what
armed force can be spared from your Government, to be maintained and paid
by this Colony and that with all dispatch that can be made they be sent
to South Key where we will have a Sloop or Sloo})es and Canoes to
wait for them there. If you could spare us some Marines it would strike
a greater Terrer in the people, but that is submitted to your Hon" great
wisdom. And we shall for what we have already expressed in favour to
us, make the best use of it, to speak your Hon" merit and must also find
a way to lett the greatest of Queens know, what a representative she has
in those .parts of the world, that so remarkabl}- maintains her Grandeus
and Authority and assists her poor subjects that are under such a lawless
usurpation and oppression for it is very evident that neither mercy can
engage nor justice awe or controule these Rebells. We are in all Duty
and Obedience

Your Hon"

Most fid th full, most obedient
and most devoted servants

EDWARD HYDE
GRAFFENRIED
THO. POLLOCK
W. GLOVER

THO. BOYD
Copy Ex*p.

WiL. RoBERSOX.

(Endorsed)
Rec" 25"' Sept' 1 ,-,,
Read Iti'" Nov// "^^•

92

702 COLONIAL RECORDS.

[B. P. K. O. JouKNAL Va. Council.]

o July ITIL
LTpou reatliiig at this Board a narrative of tht- proceedings of John
Clayton Plsij"^" sent by the Governor to North Carolina in pursuance of
the resolutions of the Council the 13"' of June for mediating a reconcili-
ation between the partys in Anus in that Government whereby it appears
that the said mediation was readily accepted by M"" Hyde President ttf
that Province and his Council, but that tlio' Coll" Cary made a shew of
accepting thereof and appointing a place of Treaty, he soon discovered
his true design was under that pretence to get M'' Hyde and his Council
in his power when they were separated from their Guards, & would
never after agree to any place of conferences where M" Hyde could rely
on the safety of his person, That the said Coll" Cary having rejected all
proposalls of accommodation even after it had been signified to him that
M" Hyde and his Council were willing to agree to all the demands he
thought fitt to communicate with some necessary explanations and by his
discourse, intimating his intentions to treat M'' Hyde in the same manner
Coll" Park was in Antegoa, has given sufficient demonstration of his aver-
sion to any peaceable acomodation And whereas the said Coll" Cary is now
on board a Brigantine mounted with six Guns and attended with other
vessells filled with armed men, threatening to begin his hostilitys against
the Established Government of the said Province of North Carolina
This Board are therefore unanimously of opinion, that there remains now
no other means but that of fi)rce to put a stop to this Insurrection and
to prevent the fatal consequences thereof both ttt the said Province of
Carolina and to this Her IMajesty's Colony. And whereas by her
Royal Instructions the Governor is inipowered and directed upon
the application of the Governors of any of Her Majesty's planta-
tions and their being in distress to send them such Assi-stance as
the condition of this Colony can spare, it is the further unanimous
opinion of this Board that it is nec&ssary for Her Majesty's .service
and agreeable to Her Majesty's said Instructions that a competent
force be sent from this Colony to the assistance of INI"' Hyde it appearing
l)y the copy of a petition under the hands of all the deputys of the Lords
Prop"'" that he was chosen President by their joynt suffrage, and conse-
quently ought to be looked on as in the legal Administration of that
(jovernmeu' And this Board are likewise of opinion that the project this
tlav communicated by the Governor for assisting the said President anil

COLONIAL RECORDS. 763

Council (if Carolina viz. by niaivhing a detachment of the Militia of this
C'olony over land, and by obtaining a reinforcement of Marines from
Her Majesty's ships of war now here to be sent in their boats to Chowan
sound is the most probable way of putting an end to those Commotions,
and restoring peace to her Maj: subjects of that Province, and is there-
fore fitt to be pursued, and if by these means it shall happen that Coll"
Cary or any other of the principal Ringleaders shall be taken It is the
unanimous Opinion of the Council that they be brought into this Col-
t»nv and secured until Her Majesty's pleasure be known.

[From N. C. Letter Book. S. P. G.J

MR. URMSTON'S LETTER.

North Caroijna Julv 7"' 1711
Hon" Sir

Since my arrival here I have written divers letters to you and others
which I hope were laid before the Hon'ble Society so fraught with unpleas-
ant relations of my own and the Countrys circumstances that I am almost
persuaded you scarce expected to have lu'ard any moi-e from me I am
almost bei'eft of life and the little sense I had and after a years fatigue
and almost a continual bad health am at last together with my family in
manifest danger of perishing for want of food we have lived many a day
only on a dry crust and a draught of salt water out of the sound such
I'cgard have the people for my labours so unworthy of the favor the So-
ciety have shewn them in providing Missionarys and sending books so
great is their esteem for the Ministry and our endeavours which I can
assure you you have on my part bi'cn very hearty for the most part but
they think I am beholden to them for coming to hear me they will be at
no charge or troulile and yet expect I shoud give my attendance notwith-
standing in many places there are great Rivers from one two to six twelve
and fifteen miles over no ferry boats neither will they be at the trouble
of setting me over I am destitute of all help both as to housekeeping and
the discharge of my duty to the Society as I would be that will answer
jhe end of his Mission must not only have a good horse but a large boat
and a couple of experienced Watermen not knowing when the confusion
of this unhappy Country would be over or any settlement made for the
church and Ministrv after seven months uneasiness in a sorrv house I at

704 COLONIAL RECORDS.

last l>()iigJit a plantation situated on the North side of the Sound in
Chowan preeinct between M' Tolloeks A that wliieli was M' Walkers
nowe Moseleys I found a newe house and a kitchen upon it half finished
t'will cost me a great deal to make it fit to live in Workmen are dear
and sence I have about a dozen Acres of clear ground and the rest woods
in all 300 acres had I servants and money I might live very comfortably
upon it raise good corn of all sorts and cattle without any great labour
or charges could once be stockt but for want thereof shall not make any
advantage of my land I have bought a horse some time ago
since that three cows and calves five sheep and some Fowls of
all sorts but most of them unpaid for together with fourteen Bushells
of Wheat for all which I must give English goods at this I'ate
I might have had anything that either this Government or any of the
neighboring Colonies afford but had I stock I need not fear wanting
either Butter cheese Beef or Mutton of my own raising as good grain of
all sorts Missioners as the world goes must be planters too if the have
families or starve the Salary alone will not do I am forced to work hard
with Axe Hoe & spade 1 have not a stick to burn for any use but what
I cut down with my own hands I am forced to dig a garden raise beans
peas &c with the assistance of a sorry Wench my wife brought with her
from England mv neighbours seem to like well of my industry but are
far from affording me their assistance in any thing they love to see new
comers put to their shifts as they themselves have been and cannot endure
to see any body live as well as themselves without having undergone the
slavish part and learnt to live independent of others Men are generally
of all trades and women the like within their spheres except some who
are the posterity of Old planters or have been very fortunate and have
great numbers of slaves who understand most handycratls men are gen-
erally carpenters Joiners Wheelwrights Coopers Butchers Tanners Shoe-
makers Tallow Chandlers AVaterman & what not Wt)men Soap makers
Starch makers Dyes &c he or she that cant do all these things or hath
not slaves that can over and above all the common occupations of both
sexes will have but a bad time ou't for help is not to be had at any rate
every one having business enoo' of his own tliis makes tradesmen turn
planters and these become tradesmen no Society none with

another but all seem to live by their own hands of tiieir own produce
and what they can sjiare goes for fiireign goods. Nay many live on a
slender diet to buy rn:u sugar and molasses with other such like necessa-
ries which are sold at such a rate that the planter here is but a slave to
raise a provision for other Colonies and dare not allow himself to par-

COLONIAL RECORDS. 705

take of his own iTfatiii-es except it l)e the corn of tlie Country in lioni-
iiiy Bread much or otlierwise ol' cooking whicli after all is titter for
Hoggs than Christians & a little stinking Swamp Water a Bogg or els'
Brackish and sonietinies downright Salt Water and yet such a wretch as
this shall lay out 40 50 it may £60 per annum in Rum & Sugar and yet
no wonder I should fare so ill when I tell you that my necessity & long-
stay in P^ngland after chosen Missioner together with the charges of
transporting myself & family hither exhausted the money advanced
I brought nothing with me but apparel and a few goods not half
eno' for my occasions here 1 have little or nothing and times so confused
that I can not say when any provision may be made for me or any other
Minister I have hitherto supplied 3 precincts viz' Chowan perquimans pas-
quotank, which are very remote from one another the more Southerly
place I preached at is ab(we 70 miles distant from the most northerly
this has been my circuit for the year last past without any omission on
my side if 1 ever failed of officiating on the day appointed it was for the
want of a passage so long as I was on Terra firma neither the badness of
the Roads Broken Bridges over dangerous places wet or cold weather in
Winter nor the excessive heat even to shifting in the woods for want of
air ever called me to disappoint a congregation albeit they have often
failed to meet me every body would have a Church by his own door
every Sunday or not at all The whole Precinct can never meet at one
place but must have 5 or 6 meetings in each except they had more zeal
for Churches might be so fixed as that all might meet in a few hours either
by land or water except bad weather or contrary winds prevent they will
not willingly come to weekly lectures in regard to pasquetank is very
numerous many Quakers and too many loose disorderly professors of the
Christian Religion a very factious mutinous and rebellious people most
of them allied to the Quakers and at all times at their Beck ready to
oppose either Church or state if required by them whence arise all these
troubles for the 3 years past this consideration made me to engage myself to
preach two Sundays in 4 and twice in the week day at 4 different places
for which some of the more sober part proposed a voluntary subscription
but not meeting with the readiness many seemed to expi'css could not
])revail with a third of the people to contribute the whole amounted to
£2o. 5' '2^ whereof I received £13. 1 P O** the rest will nevei- be paid
some have been so })lain with me as to say they expected I should have
have been altogether in their precinct whereas our agreement was drawn
and signed others say they dout think they ought to be at any charge
since our societv have sent me at their o\\i\ cost and allow me what tiies'

766 COLONIAL RECORDS.

think is fitting this is the story of most in the Government and are very
confident they shall have Missioners sent to every parish l)ut in very deed
are not worthy one ; Perquimans began a Subscription there is about ^9
I think given for one Sunday in 4 and once a month in the Week
day I have received £2. 11. 4 no more to be expected there without I
would give one half for gathering the otlier nor that for so small a sum
in Chowan I preach'd constant only once a month at tlie Chapel the like
on tiie South side and west shore of the sound till they could not agree
who should set me over the river and where we should meet on the South
Shore they gave me two Barrels of skins and the worst pieces of
Least Beef — on the West Shore was subscribed £19. 5. 0 Rec'd
£4. 13. 4 through their fault not mine our meeting has been dis-
continued for 4 months so that nothing is to be had more there
at the Chapel the Congregation is ])r('tty numerous they have often
talked of raising something but as yet nothing done neither dare
I seem pressin for fear of reproach I went by land 27 miles along the
Sound side towards Virginia where there were as tiiey told me 40 or 50
Children unbaptized I ba])tizi^d 14 the Season being wet I appointed to
l)e there again that dav montii but no liodycame J heard of a great many
met to be merry at a reaping of wheat in my way I uj)braided them with
the neglect of a concern of so great a moment they promised to appoint a
dav l)ut T have not yet heard from them albeit some weeks are past they
said as their phrase was they would emj)loy me and cm[)loy me and con-
tril)nte for the future but the time past was not thought of there arc
at)out 40 or fifty families at Allegator and Scogalong about 20 miles
down the sound towards the South Elast from where 1 lived many mar-
v\\\ and have children who never were baptized nor ever saw a minister
on their shore T have titfered to go thither provided they woulil procure
me a passage a dav lias been twice prcfixM But they never came for me
so inditt'erent are thev and cold in their souls health and tis to be feared
Hnc like Ik'asts I have heard of monstrous doings among them Pampti-
couo'h T have not vet visited by reason the roads till now were impassi-
ble I intended to have gone there this month but War being revived
among us we are all in confusion there is no stirring abroad CV)1' Hide
has done all that in him lay to bring the Country iiito good order and
promote religion but is therefore hated and threatened with fire and sword
and all of liis partv which you'l easily lielieve me to l)e of and therefore
not onlv fare ill but am in some danger My horse hajjpened to lireak
pasture and run into an enemys groimd and when taken up some rufiians
said hud tlieir ]>arty known wliom lie lu'longed to tluy had certainly shot

COLONIAL KFX'ORDS. liu

him to such a hoight are our divisions brought and wlien tlu!\' will cease
I know not except her Magestv takes the Government into her own
hands I have preach'd 4 times in Corritack and administered the Sacra-
ments I had S(j Communicants & at the several limes baptized 10 Infants
I have administered the Lin'd's Sup])er .'} times in Pastjuetank and oni'e
in Perquimans the first time I had ITConnnunicants the second 5 the third
7 and the fourth 9 I have baptized in these three precincts lot children
Preached 77 times the people being ac(piainted with thepsaluKidy instead
thereof 1 eonunonly Catechise but never fail of so doing when there is a
psalm sung peopU; are migiity averse to God Fathei"s and God Mothers
anil therefoi'e in anywise will not have their children baptized others
think no body more fit than their parents ; to tell them of the orders of
the Church avails not they'l not hearken to the ordinances of man but
will have express scripture for all they are to do or observe ; there is not
a seism or corruption broached in England but here it hath its defenders
but the most numerous are those that dissent from everything that is
called religion Libertines Men & Women of loose dissolute and scandal-
ous lives and practices, it is usually said our Colonies ai"e chiefly peopled
by such as have been educated at some of the famous Colleges of Bride-
well Newgate or the Mint what must our inhabitants be not suffered to
live irt other places for their wicked courses many of whom after their
transportation from England have been banished out of all or most of
the other colonies or for fear of punishment have fled hither, this is a
nest of the most notorious profligates upon earth Women forsake their
husbands (!orae in here and live with other men they are sometimes fol-
lowed then a prit-e is given to the husband and madam stays with her
Gallant a report is spread abrimd that the husband is dead then they be-
come Man and Wife make a figure and pass for people of worth and rep-
utation arrive to be of the first Rank and Dignity what to do with such
I know not nor iiow a reformation can be hoped for I have not been
wanting in my en<leavours 1 have spoiled a good horse enslaved myself
hazard my life to little })ui'pose save the discharge of my conscience and
the hopes I have of gaimng tlie a])pr()bation of the Society the people
you see are generally bad yet caress'd by the Quakers my irreconcilable
enemies these ext-ite aid and assist nay and join with them in destroying
the Government and o[)posing the Establishment of the C^hurch their
aim and design is to ovei'throw the Church and deface the few
footsteps tiierc are of tiie Christian Religion among us and estab-
lish their nonsensical tenets in the room thereof There were sev-
ei*al Quakers that bore arms in a late attempt upon Col. Hide which was

768 COLONIAL RECORDS.

carried on witli great ciiiiniiig malice and rage but tlie aggre.s,s()r;< were
happily rejnilsed and what further wicketlncss they are contriving time
will show they rove about the country in great bodies ravage and plun-
der all such as are not on their .side it would be too tedious to give you
a succinct account of every thing that has past since the first beginning
of the confusions of this unhappy Government all owing to the Quakers
who 7 or 8 yejirs ago procured one Daniel a monster Wickedness to be
Deputy Governor for ever since this Government depended on Ashley
River Government that office was on sale the Quakers thought they
could manage him they grew saucy & he restive they soon procured an-
other worse than he to succeed him one C'ary Madam Knightly a Lady
of known worth can give you an account of him she lives at Kensington
neither did this answer their expectations they made a purse and sent one
Porter a known Villian the son of a Quaker and he one in disguise to the
proprietors accused the said Gary of Many things indeed gross eno' and
with a great deal of truth sufficient to cause him to be turned out accord-
inglv he was discharged from his Office and there being no Gov'' at Ash-
ley River then S" Nathaniel Johnson l)eing put out Ijy the Whigs this
porter brought an order to the Council to chose as was customary in such
cases one of their Brethren to be president till a Gov"' was appointed Mr.
Glover a sober discreet and the only luiui of part> in the country was
chosen Tlie Quakers dislike him and by the force of arms thrust in
Carv whom the proprietors had tle|)osed into the presidentship here were
two presidents one ap})ointed by the Lords proprietors and the other set
up bv the roguish Quakers neither was obeyed the lionest party would
not obey C^ary and the otlur Mr. Glover so that for two years and up-
wards here was no law no justice Asscnd>ly or Courts of Judicature so
that people did and said what they list Olivers days come again Col'
Hide arrived Init through Col' Teints death had no Commission he was
chosen ])resident by all sides after Long debates he ])ersists in Mr. (tIo-
vers opinion of not suffi^'ing the Quakers who had deputations either
forged or granted by those wln) were not proprietors to be of the Coun-
cil or have anv thing to do in the administration, an Assembly was called
with'mucli difficulty We had the majority as to what has been transacted
in tempt)rals I must refer you to the President and Council their jour-
nal if vou can get a sight of it which is laid before the proprietors or a
Copy whit'h I l)elieve my Lord Rochester will have to show the Queen
and council and beg ytftir pardon and patience while I add what relates
to the interest of the Ciiurch.

COT.ONTAT. RECORDS. 769

The Assenihlv was made up of a straiiije mixture of men of various
opinions and inclinations a few Churchmen many Presbyterians Indepen-
dents but most anythingarians some out of principle others out of hopes
of power and authority in the Government to the end that they might
Lord it over their Neighbours all conspired to act answerable to the de-
sire of the president and Council I was at this solemn meeting a great
part of the time they sat. I preach'd twice before them procured a ])ro-
clamation for a general fast which was kept on Good friday which other-
wise Avould not have been observed any more than any otiier day. I
administered the Holy Sacrament of the Lords Supper then and did all
I could both inpul)licand private discourse to excite them to use there en-
deavours to establish the Church accordingly they made a very good and
proper Act to that End which was to this eifect that the worship of God
and our most holy religion as by law Established in England should be
put in practice and observed here in all particulars as far forth as is com-
patible with the circumstances of the people a select Vestry of 12 Men
in every precinct or parish was thereby appointed all the Burgesses
were made members thereof These boimd in a penalty to meet in their
several parishes on a certain day within (i weeks after the publication of
the Act to chose Church wardens give them power to Ijuy a Glebe build
a Church or Churches as there was occasion houses for Ministers provide
a sufficieut maintenance for them and to use their utmost endeavours to
provide that every parish might be supplied with a Clergyman approved
of allowed l)y the Lord Bishop of London T thought it might not be
improper to be present at their Vestries at the first tliat met were very
much disordered with drink they quarrelled and could scarce be kept
from fighting broke up without doing any thing having first agreed when
to meet again when the day came there only met five we pitched ujion
another day then came but two in another precinct The Vestry met at
an Ordinary where rum was the chief of their business they were most
of 'em hot headed very averse to go upon business with much ado I
prevailed with them to chose two Churchwardens resolve upon building
a Church which is very much wanted and tis a shame to be without one
since the Quakers have three meeting houses in that and as many in the
next precinct whereas we have neither Chtirch nor Chapel in 3 of the
precincts and those two we have in Chowan and Pequimans were never
furnished ready to drop down that in tlie former precinct hath neither
floor nor seats only a few loose benches upon the sand the Key being lost
the door stood open ever since I came into the Country. All the Hoggs
and Cattle flee thither for shade in the sunnner and warmth in Winter
98

770 COLONIAL RECORDS.

the first dig holes and bury themselves these with the rest make it a
loathsome place with their dung and nastiness which is the peojiles regard
to Churches hence you may expect a hopeful result from the Vestry I
was speaking of while the Rum Bottle went about I entertained the
Churchwardens with the Articles of Visitations which Churchwardens
of England are bound to answer to I could not bring them to any
thought of raising money either for building the Churches buying a
Glebe or providing for Minister that is the Great Buggbei'e here they are
not to be at any charge nor much trouble If I would live altogether in
that precinct they proposed first £60 per Annum but some more gener-
ous than the rest were for allowing £70 per annum which is in the
goods they usually pay Ministers with the refuse the worst pay in the
country is good enough for us This £70 would purchase here
about £15 worth of English Goods as wearing apparel and the tike
I told them I thought a Missioner was not to sit down in one parish and
suffer the next or as many as he could supply with convenience to live
in ignorance mere heathens for my part I would not this they imputed to
avarice which provoked me to upbraid them with their generosity the
last year Well if I would continue to come among them as I had hither
to done two Sundays in four and give them two Sermons in the Week
day in order to which I must ride 100 miles and forced to quarter in
some sorry house or other not fit to lodge a Man in for 11 or 12 days
they would l)e kind for the future but having been ill used by them
already I pressed them to give me some assurance not being willing to trust
to their generosity they very liberally offered me £25 for the year or pro-
portionable ftll such time as they had a Minister which I refused and am
resolved if I must starve I'll not thereunto add Slavery more than indeed
I am able to perform except the Roads were better I had another horse
and hoped for a better accomodation b(ith for man and horse than we
usually met with they treat us with a great deal of formality and think
there is no diiference between a Gentleman and a labourer all fellows at
Foot Ball, they have since hired a reader fi)r £15 per annum who to them
is more welcome than a Minister he is little charge and pleases as well
nay many know no difference for these Readers bring us into contempt
and breed fanaticism I lent him a book of homilies and enjoined iiim to
use no other Sermons but I hear he goes on the old way which is to
transcribe a sermon and then read it to the people which is as much as to
say they as we of the Ministry do tht)' I believe some of 'em have rea-
son to think otherwise of me

COLONIAL RECORDS. 771

If wo are like to have a Church Government I humbly pray that the
Society would send some directions to the Gov" or me about these Read-
ers for if suffered they'l of ill consequence I have seen it in one ffrench
a rascal who was at first one of these and now pretends to the Ministry
uses me ill prays extempore and does much mischief he tells people he
was ordained by the Nice Chancellor of Oxford shews them something
posted on tlie inside of a Book in Latin which he saith are his letters of
Orders I think readers should not be allowed to read the absolution nor
the Communion or second service nor yet baptize Children as they com-
monly do. the Governors assuming the power of granting license to Jus-
tices to marry is of ill consequence for by virtue thereof are many adul-
terous Weddings Christians unequally yoked with Quakers or Heathens
I have shewed Col' Hide what the Canons require in that behalf but
Governors and men in power will not easily be informed of an insignifi-
cant worthless priest, notice ought to be likewise taken of an abuse of-
fered to my character Our blessed Vestrymen who are to establish the
Church in Order thereto at the first strike at one of the fundamentals of
our constitution in understanding the Act of Vestry otherwise than it
was intended in a former Act which the Society did not allow of as yon
may i-emember it was said e:^3ressly that the Minister should always be
deemed a Vestryman which is highly necessary here where they are so
great strangers to the business of a Vestry being to amend that act by
abolishing that power of meeting annually to hire their Minister for the
year ensuing they have omitted that for the Minister being a Vestryman
whereuj)on many will have it that the Minister hath nothing to do in
Vestry which is contrary to our Establishment in England and will of
course destroy this Act too if so understood this is the contrivance of
an Enemy and " not of a Vestryman who ought to be Exemplar
and pious Christians in the Parishes but there are many of them Presby-
terians or Independants unfit for such an office but being burgesses when
the Act passed thurst themselves into the number of Vestry with no good
intent this you'l say is rather History than a IjCtter I beg pardon for my
prolixity hoping the subject will palliate the irksomeness thereof but per-
haps not please I wish in my next I may have cause to change my mat-
ter and not as hitherto l)e obliged to acquaint you with things more disa-
greeable than in my foi'iner letters but we are agrieved the Ciiurch pi"e-
sented in danger I myself your creature a suiferer my sole dependence is
on the Hon""'^ Society all good christians here beg for protection & assist-
ance from you the Eyes of all are upon you hoping for some redress from
your great and hon*'* bodv nothing doubting lint that thev who are at so

772 COLONIAL RECORDS.

great a charge and trouble in propagating the Gospel among them will
cherish and maintain tlie same here h.u propugateJi you have here a true
but brief account of the difficulties I struggle with the most ins'portable
I hope will procure compassion and speedy relief hard labour and famine
can't be borne then see what will make me and think it absolutely neces-
sary a couple of good Negro's with some stock to begin with and Money
to buy provisions with till I can raise it within myself this with the £45
the price of my plantation will exceed £80 Per annum M"' Gordon in his
request for £100 was not so unreasonable as many thought it to be for
the Society will not consider my charge I pray they may be pleased to
advance nie £40 over and above what will then be due upon the depart-
ure of the next A'^irginia Fleet, which I suppose will not be befoi'e spring
I have received nothing from the Society since I arrived here fleets are
so uncertain I did hope to be hon'' ere now with a line or two from you
I am Sir your humble Serv'

JOHN URMSTON

I wish the Society would write to the Gov' & Council about the Li-
brary which D' Bray sent to Bath in Pamplicough thro mistake and
being informed that there was the Seat of government whereas it is the
most obscure inconsiderable place in the country I hear Col' Codring-
ton has been a great benefactor to the Society if true it will l)e an easy
matter to order me two Negro's from Barbadoes boni there and speak
Englisii used to house work and can handle an axe they may be sent by
way of Bermudas oppoi-tunities are frequent — N B The Vestry of Cho-
wan never met at all, all things are like to remain till the confusions are
over which will not be till Col' Hide has his commission if then

[P. R. O. B. T. Proprieties. Vol. 30. p. 313.]

July 12"' 1711.
To the Queen's most Excel!' Majesty.
May it Please Your Majesty

In obedience to Your Maje.sty's Order in Council of the 14"' of the last
month, We have considered the Memorial of the Lords Prop'^ of Caro-
lina, setting forth that they have always given Instructions to their Gov'
of the .said Province to aj)])oint a Deputy for the better and more regu-
lar Government of that part of Carolina that lyes Nortli & West of

COLONIAL RECORDS. 773

Cape ifear, by reason of the Great Extent of that Country, and the Ne-
cessity of Corresponding and Trafficking with the several nations of the
Indians, & therefore pray your Majesty's Royal Approbation of Edward
Hyde Esq" to be Gov' of North Carolina aforesaid. Whereupon we
humbly take leave to represent to Your Majesty that We have no (jbjec-
tion why Your Majesty may not be graciously pleas'd to approve of the
said Edw'ard Hyde as Governor of the North part of the said Province,
under the Lords Proprietors according to their Ijordships desire, pro-
vided he Qualify himself for that trust in such manner as the Law
recjuires, & that he give Good & Sufficient Security for his due obsei'v-
aucc of the Acts of Parliament relating to Trade and Navigation, and of
such Instructions touching the same as shall be given him by Youi'
Majesty or by any person acting under Your Majesty's authority.

The Secui'ity usually given by the Governors of other Propi'ietics is
in a B(Mid of 2()0()£ stcrl : But in Regard the Trade in that part, is
inconsiderable. We humbly offijr that the Security to be given by the
said Edw'' Hyde be in a Bond of 1000£ Sterling.
W liicli is most humbly submitted.

PH. MEADOWS.
CHA: TURNER.
ARTH: MOORE.
FR: GWYN.
Whitehall.
.Julv 12"- ITIL

[From N. C. Letter Book. S. P. G.]

MR. URMSTON TO THE SECRETARY.

N° Carolina
July IT'MTll
Sir,

Since my last of the 7*'' the Rel)els after a shameful defeat in their
wicked attempt against the Governor and council dispersed themselves,
some fled into Virginia where there will be met with, others have ab-
sconded, but so as to be ready at a call, the Governor of Virginia is
expected in by Land with forces, & Captain Smith commander of Her
Majesty's Ship the Enterprize Guard Ship in \^irginia brings with him
a sloop and Marines, so that there will be seai'ch made for the euemi<\s,

774 COLONIAL RECORDS.

they will I hope be apprehended & disabled from ever making head
againe, except they are protected & assisted in their villainy by Danson,
their old friend, they have sent divers to him to make their complaint by
this fleet, & are very confident they shall turn out CoP Hyde & his coun-
cil & have the whole management of afi^airs in their own power. If the
proprietors are so negligent of us surely the Society will interpose &
engage the Queen to take us under her protection, otherwise there will be
little hopes of establishing the Church or any good order. I have been
dreadfully threatened by them, & if they prevail must not expect to stay
here. Mad™ Hyde the Governors I^ady with M' Knight Secretary of
this Government came over with the same Shijis. She has a copy of all
proceedings as sent to the proprietors which is to be given to my Ijord
Rochester who will doubtless accpiaiut her Majesty's privy council there-
with. I told you in my last, I think that several Quakers have arms,
and more are ready so to do, & if that will not do, they threaten to bring
in the Indians upon us. Danson sent hither from England one Roach
with some goods, & a dozen or 14 Great Guns & amnuniition under pre-
tence of building a Ship, but 'tis verily believed were designed for our
Ruin many of them were mounted on Board a Brigantine whi<-h was
manned by the Rebels with small arms, but ujion their dispersing was
since taken by our forces with 3 men only in her, & all the Great Guns
& ammunition this is a considerable addition to our strength & now many
who were intimidated by the audacious impudence & cruel menaces of
the Rascals, now daily join the Governor : & others who were for the
adversaries are disheartened from acting against us, so that at present,
things have a better face, & we shall I hope be in quiet till Xews Eng-
land except CoP Hyde have a commission from the Queen, he will either
be turned out or not obeyeil so great is Dans(in's influence over the rest
of the proprietors, these are with all humble respects to the Honorable
Society from,

Sir yours &c

JN° URMSTON

P. S. — As for the Rebels I am not much concerned, but 'tis grievious
to here the complaints of the poor men & families, \vho have been so long
in arms that they have lost their crops & will want bread, the ravage &
plunder the enemies have committed has mined others. — another instance
of the Quakers Knavery I cannot omit which concerns you to Knowe
as having been commissioner for the Palatines. Baron Graffenreid witli
his people must have starved, if not supplied l)y others here. He had an

('()LONIAJ> IIFX'OKDS.

order from the j)r()pric'ti)rs. i. e. Daiihioii for tlie rent never coneern them-
selves to reeeive £1500 here fur whicli he was to pay 1000 stei'ling. a
great eheat, for £1000 .sterling is worth XoOOO here in onr pay. Dauson
in his Letter to liis friends here l)ragged tliey shonld get an Estate by
these Foreigners. Cary the late usurper of this government, & now-
head of the Reljels was to ]>ay it nut oi' tiie j)ro2n-ietors dues which he
had received he was arreste<l & made his escape what reason then have
they to protect him to |)revent others from supplying the Baron in his
great distress. Roach & the (Quakers reported that the Baron had no
credit in England, nor had he any money any where, through ill usage
in their way hither & since their of arrival 900 palatines there are but
300 no we alive, & those ready to starve, through the instigation of the
English, who live near them the neighboring Indians are very trouble-
some to them in the beginning of this present Rebellion the Baron with
the Swiss & palatines would have joined the Governor but were threat-
ened with fire & sword, the Eng'* & Indians designed to destroy them &
all they had such encouragement do the jjroprietors give people to come
into their colony. I have written a very tart Letter to Sir John Colleton
a proprietor concerning all matters whether pleased or displeased, it mat-
ters not the proprietors promised me all friendship? & favor, but as yet
never shewed any & I believe never will.

[B. P. R. O. B. T. Proprieties. Vol. 9. y. 16.]

To the Queens most Excellent Majesty
May it please your Ma'^

We your Ma'^ most Dutifull and Loyall subjects the Lords Proprie-
tors of the province of Carolina in America do most humbly take Leave
to Represent to yonr Ma*' that by Virtue of Letters Patent to us
Granted from your Royall Uncle King Charles the 2'' We have con-
stantly Recommended a Person as (xovcrnour to be confirm 'd by your
Ma'' Royall Approbation, And \vc Iiave alway's given in.structions to
every such Goveruour to appoint a Deputy Governor under his hand and
seal for the better and more regular (lovernment of that part of the jJro-
vince of Carolina tiiat Lies North and M'est of Cape Feare by reason
that the great extent of that County and the necessity of Corresponding
and trafficking with the severall Nations of the Indians there, does re-
quire such a Distinct Government: We humbly take leave farther to

776 COLONIAL RECORDS.

Represent to your Majesty that the Inhabitants of that Part of the Pro-
vince liave Lately Apply'd themselves to iis on that behalf We therefore
accordingly do in most humble manner recommend Edward Hyde Esq'^
to be Governor of the North Part of Carolina aforesaid he being a Per-
son of integrity and Capacity well atfected to your Majesty Government
every way Qualified for tliat Trust and having been Deputy Governor
to Coll : Edward Tynte lately Deceased who by your Ma*^ Approbation
was Gov' of the whole Province We desire your Majesty's Approbation
of him According to a Late Act of Parlianient made in such Cases
All which is most humbly submitted

CRAVEN M ASHLP:Y

BEAUFORT J COLLETON
CARTERET J DANSON

[B. P. K. O. B. T. ViKcuNiA. Vol: 13. O. 129.]

N°8

VIRGINIA PROCLAxMATION

24"" DAY OF July 1711
By her Maj'*°' Lieu* Governor and Commander in Chief of this Domin-
ion
A Proclamation for seizing and ai)]Mehending Col" Tho^ Gary and other
Seditious and F'ractious persons that liavc made their escape from
North Carolina into this Colony. —

Whereas Co'" Tho' Cary John Porter Emmanuel Low Nevil Low
Cap' Stone Edmund Porter Levy Truehitt W" Barrow Tho' Sparrow
George Berkenhead Henry Warren Simon Aderson Jun' Sam' Boatwell
and one Richanl Roach associated with Diverse other Seditious and Fac-
tious persons in Nt)rth Carolina have lately taken up arms in Opposition
to the Established Government and Laws of the said Province Commit-
ted Diverse Acts of Hostility and Violence upon her Maj"°' Subjects
there and in order to the l)etter Carrying on tiieir Seditions Designes have
been Discovered to hold a Traitorous Correspondence with the Tuscar-
roro Indians whereby they have Endeavoured to Incite and stir up the
said Indians (by promises of Reward) to Cutt of her Maj"°" Good Sub-
jects of the said Province of North Carolina that Continue obedient to
the Govern mt.

COLONIAL RECORDS. 777

And whereas Diverse of the said persons finding their Designes frus-
trated and justly fearing the Punishment their Crimes Deserve have fled
from justice and made their Escape into this Colony and have been En-
deavouring by false and crafty insinuations to Debauch severall of her
Majesties Subjects here into an Approbation of their Actions and Inten-
tions. Now to the end the peace of this her Maj''^^ Colony may not be
Endangered by the pernitious practice of such Incendiarys, I have
thought fitt by and with the Advice of her Majesties Council to issue
this my Proclamation Strictly Chargeing and requireing all Sheriffs Con-
stables and Headboroughs to use their utmost Diligence to Seize and Ap-
prehend the Above named Thomas Cary .John Porter Emanuel Low
Nevil Low Cap' Stone Edmund Porter Levy Truehitt William Barrow
Tho' Sparrow George Berkinhead Henry Warren Simon Alderson Jun"^
Sam' Boatwell and Richard Roach and being so apprehended to Secure
and Detain them in Custody untill they and every of them enter into
Bond with Good Security in the Sume of five Hundred pounds Stei"^*' for
their personall Appearance before the Next Council and for their Good
behaviour in the Meantime. And if any person Comeing from North
Carolina Shall be found Issueing Seditious principles into her Maj''^° Sub-
jects of this Colony or other Insinuations tending to the disturbance of
the peace I do further require and Command all her Maj"*' officers Civil
and Military and all other her Maj''^' Subjects to whose Knowledge the
same shall come forthwith to Apprehend and Secure such Person and
Persons and to carry them before the next Justice of the Peace who upon
Proof made of such seditious practices is hereby required to Committ
such person or persons to prison untill they and every of them give Bond
with Good security for their Good behaviour in such sume as the said
justice shall think fitt according as the case shall appeare to him. And
if ujjon Examination the Crime shall appear of such a Nature for which
the Party ought to suffer the Loss of Life or Member or be Imprisoned
I do hereby require the said Justice or Justices to certify to me the Ex-
aminations taken before them and to committ the party accused to Prison
untill further order. Hereby Commanding the Sherifs of the respective
Countys to Cause this proclamation to be Read and Published at the
Court houses Churches and Chappells in their said Countys. Given
under my hand and the scale of the Colony at W™burgh the 24"" day of
July 1711 in the Tenth year of her Maj""' reign

A SPOTSWOOD

God save the Queen.

94

778 COLONIAL RECORDS.

[B. P. R. O. Journal Va. Codncil.]

24 July 1711.

The Governor acquainted the Council that the Project communicated at
their last Meeting for assisting the Government of Carolina was not
entirely put in execution because just as he was preparing to march he
received by an Express the news of Coll" Carys being repuls'd in an
attack he made upon the President and Council That his Brigantine was
taken, and that he was retired to Pamplico. Whereupon finding it would
be very int-onveuient if not impracticable to march thither, he had dis-
charged the Militia: but the President of Carolina still desiring some
Assistance; he had sent a detachment of the Marines from one of the
Guardships, the Commodore of the Fleet refusing to send any Marines
from the men of war under his command for that service.

Whereas this Board are informed that divers persons principally con-
cerned in abetting and fomenting the present Insurrection and Commo-
tions in North Carolina, and that have been actually in arms with Coll"
Thomas Cary in opposition to the Estal)lished Government there, are
lately come into this Colony ; and it being judged of dangerous conse-
quence to the peace of this Colony to suifer such Incendiarys to go at
large or give them an opportunity to infuse their seditious and factious prin-
ciples into the minds of Her Majesty's subjects here. It is the opinion of
the Council and accordingly Ordered that a proclamation issue for appre-
hending the said Coll" Thomas Cary, John Porter, Emanuel Low, Nevil
Low, George Lumley, Challingswood Ward, Edmund Porter, Lovy
Pruchet, Stone and Richard Roach, if found within this Colony, and
to secure them until they give bond with good security in the sum of five
hundred pounds sterling each for their appearance before the next Coun-
cil and for their good behaviour in the mean time, the said persons being
declared Rebells by proclamation in North Carolina and if any other
person coming from the said Province of North Carolina shall be found
endeavouring to infuse any seditious principles into the minds of Her
Majesty's subjects of this Colony or other insinuations tending to the
disturbance of the peace that upon proof thereof before the next Magis-
trate, they be bound to their good behaviour ; or in ease the Fact appears
such as will subject the offender to loss of life or imprisonment that they
be committed to prison to be further proceeded against according to law.

COLONIAL RECORDS. 779

16. August 1711.
M' Emanuel Low of the Province of North Carolina being appre-
hended pursuant to the proclamation issued the S-l**" of the last month,
and this day brought before the Governor and Council, and humbly
moving that he may not be sent back to North Carolina but permitted
to stay in this Government upon his giving security for his good beha-
viour. It is thereupon Ordered that the said Emanuel Low be discharged
out of his Custody upon his giving bond with sufficient security. That
as soon as Her Majesty's pleasure shall be signified concerning the late
disputes and commotions in the said Province of North Carolina he shall
when required make his appearance before the Governor of this colony
and shall be on scood behaviour in the mean time.

[B. P. R. O. B. T. ViEGiNiA. Vol. 13. O. 94.— Extract.]

COLONEL SPOTSWOOD TO THE BOARD OF TRADE

JULY 25"> 1711

Virginia 25«- July 1711
My Lords

Having now given your Lordships the present state of aifairs in this
Colony I .should not have added to your Lordships trouble if the unhappy
Commotions in our neighbouring Province of North Carolina, did not
oblige me to represent the same as a matter that may very .sensibly affect
the peace of this Colony witiiout the application of proper remedys.
One Colonel Thomas Cary being some years agoe appointed Deputy
Governor of North Carolina under Sir Nathaniel Johnson, was after-
wards removed by an Order of the Lords Proprietors and a President
chosen to take on him the administration ; but it was not long before M'
Cary being joined by certain Quakers entrusted by the Proprietors in
some part of the administration gathered together a rabble of the looser
sort of People, and by force of arms turned out the President and most
of the Council, and by his own authority as.sumed the administration of
the Government. In the mean time the Lords Proprietors appointed
CoUonel Tynte Governor of South and North Carolina, and M' Edward
Hyde to be Deputy Gov' of the northern Province, who was to receive
his Commission from the former. M' Hyde arrived here last summer

780 COLONIAL KECORDS.

but before his arrivall Coll : Tynte dyed ; so that he found himself thrown
into a Country without any Power or Credentials, except some private
Letters from some of the Lords Proprietors, however by these he gave
so good satisfaction of his being the intended Governor for that Province
that every one that could pretend to have Deputations from the Lords
Proprietors, and among the rest Coll : Cary joined in a Petition to him
to take the administration as President of the Council until his Com-
mission for Governor should arrive. Accordingly he was sworne, pro-
ceeded to settle Courts of Justice, which had been interrupted during the
Course of the former troubles, and called an assembly. But M' Cary
and those of his Party finding their Interest decline and fearing to be
called to account for many unwarrantable actions and oppressions whereof
they had been guilty began to find fault with their own election, pro-
tested against the meeting of the Assembly as now [not] called by lawfull
authority and endeavoured to stir up the people to throw off their obe-
dience to the established Government. Upon which the Assembly ordered
M' Cary and some of the Chief of that Party to be taken into Custody
and proceeded to pass a Law obliging M'' Cary to account to the Proprie-
tors for their dues, which he had refused to pay for the subsistauce of
the Palatines accoi'ding to their Order, and added some other Clauses
perhaps too severe to be justify'd, wherein it must be confessed they shewed
more their resentment of their ill usage during M"" Gary's usurpacon (as
they call it) than their prudence to reconcile the distractions of the Country,
but of this your Lordships will better judge by the copys of the Laws and
Address which are here inclosed. It was not long before they found
their power was too weak to enforce the execution of the laws they had
passed. For M"^ Cary having made his escape out of custody, had again
recourse to his old friends the Mobb, of which he drew together so great
a number, and fortify'd his house with great Guns and other warlike
Stores, that when the Government had taken a resolution to apprehend
him, they found it impracticable to attempt it, M' Cary did not long
content himself to stand on the Defensive, but fitting out a Brigantine
of six Guns, furnished him by a leading Quaker of that Province, with
some other Vessells equipp'd in a warlike manner, he again declared
himself President, and went to attack M' Hyde and his Council at a
place to which they had retired for their safety. It was then I receaved
pressing applications from them for assistance from hence to enable them
to defend themselves against this Insurrection. Whereupon having ad-
vised with the Council, it was thought fitt in the first place to offer my
mediation for accJ^omodating their differences believing that M' Hyde

COLONIAL RECORDS. 781

would be pi'evailed on to suspend the severity of the I^aws against M'
Cary untill the Proprietors pleasure were known, and that this being
once obtained M' Cary would be contented to sit quiet and suffer the
Government to go on in the way to which he liinisclf had agreed. Ac-
cordingly I sent a gentleman very fittly qualify'd for transacting an
affair of that nature to offer my Mediation to both partys, and writt to
them the letter of which I here send your Lordships the copy : and
because I was in some doubt whether M'' Cary would yield to a peacable
accomodation I also writt another Letter (of which I have enclos'd a
copy) to be deliver'd him in case he rejected the former, intending that if
fair means would not prevail on him, he might at least be frighted into
a Compliance by the expectation of a Superior force from hence. M'
Hyde and his Council readily embraced the offer made them, declar-
ing themselves ready to yield to any terms that could in justice or
reason be expected of them, but M' Cary obstinately rejected all offers
of accomodation. Tis true at first he made a shew of accepting the
Mediation, but soon show'd that he had no other intention in it, than to
seize M' Hyde and his Council by drawing them to an interview sepa-
rated from their Guards, which he treacherously attempted to execute in
violation of his own promise and agreement. After his disappointment
in this design, he would never agree to any place of conference where
M' Hyde could rely on the safety of his person : he was with great diffi-
culty persuaded to declare what his demands were, and after a cojjy of
them was obtained he positively refused to sett his hand to it and tho'
he had notice given him by the Gentlemen I sent thither that
every one of his demands would be agreed to with some necessary
explanations even that would not content him, but warned the Me-
diator to retire for he was resolved to treat no otherwise than with
Arms. Matters being now come to the last extremity M' Hyde
and his Council again pressed for assistance by a joint Letter of which
I send your Lordships the copy : and having had the unanimous opinion
of her Majesty's Council here, that there was now no other way left but
that of force to put a stop to this Dangerous Insurrection, and that it was
conformable to her Majesty's Instructions to assist M' Hyde and those
in the legal administration of that Government, I thereupon ordered the
Militia of our Frontier Countys to draw together designing to march a
Detachment of them into Carolina, and at the same time to obtain a re-
inforcement of Marines from her Majesty's ships of war here, to be sent
in their boats to the sound of Chowan for securing the Brigantine and
armed vessells with which M' Cary had been enabled to insidt tiie Gov-

782 COLONIAL RECORDS.

ernraent and overawe the people, Bnt the Commodore of our homeward
bound fleet, judging it the least part of his duty to do any service to this
Country, positively refused to afford me any assistance either of men or
boats : tho upon my first communication of that project to him he seem'd
to approve it and that I also represented to him how serviceable his boats
might prove in transporting the pork I had ordered to be bought up in
Carolina for the Queen's service: and tis only owing to that disappoint-
ment that I have been obliged to lay aside the thoughts of getting any
Pork from thence, which I wish may not be a disadvantage to her Maj-
esty's service in another place. In the mean time I receaved advice that
M' Cary hati attempted to put in execution his chief design of seizing M'
Hyde and his Council that he endeavoured to land a party of his men,
while at the same time he attacked them with his Cannon from his Brig-
antine; but finding he was like to meet with some resistance, and the
courage of his Mobb not being so great in action as in imagination, he
gave over the attempt, and is since retired to a remote part of the
country, whithei' it is impracticable to march the Militia from hence to
attack him. He is there gathering a greater force and threatens to bring
down the Tuscorure Indians to his assistance. I have sent what Ma-
rines could be spared from our Guard ships to the assistance of that
Government, in hopes by that means to satisfy the People that they are
mistaken in what their Quaker Polititians have infused into them, that
this Government liad no authority, nor would ever meddle in their quar-
rels and if this will not do, I shall still endeavour (notwithstanding the
almost insuperable diffieultys of marching Forces into a Country so cutt
with great Rivers and without any conveniency of carriage) to put an
effectuall stop to these confusions, which give so great apprehensions to
her Majesty's subjects of this Colony, who reflect that the fatal rebellion
raised here, which cost the Crown a great expense of treasure to quell,
sprung from much less dangerous appeai'ances ; especially since M' Cary
has threatened to act another Antegoa Tragedy, to which his own des-
perate Circumstances and the wretched Crew he has gott together seem
like enough to prompt him. It is no small concern to me to find in
two or three of our frontier countys where the Quakers have got the
greatest footing such a reluctancy to undertake anything against Cary
and his Party, which I understand is owing to the crafty insinuations
of that sort of People, who not only have been the principal Fomenters
of the distractions in Carolina but make it their business to instill the
like pernicious notions into the minds of her Majesty's subjects here and
to justify all the mad actions of that Rabble by such arguments as are
destructive to all Government.

COLONIAL RECORDS. 78;'>

I think it necessary on this occasion to represent to your Lorjiships
how ill this Country is provided for its defence either against a For-
reigne Enemy or intestine commotions : The powder which her Majesty
sent hither some years ago is so much wasted, that there's no dependence
upon its doing execution even at halt' distance. I beg your Ijords''' will
be pleased to move her Majesty for a fresh supply, and that in the mean
time the admiralty may give orders to the Captains of her Majesty's
ships resorting hither, to exchange from time to time some of their fresh
powder for some of ours which will be as proper for their use, in their
Signals, Watch guns and Salutes. The Confusions in Carolina have
hindered the meeting of the Comm" for setling the Boundaries, but as
soon as the ati'airs of that Country attain any tollerable settlement, I shall
press them all I can to come to a conclusion, and hope by the next Con-
veyance I shall be able to give a good account of that affair. I am with
all due respect

My Lords your Lordships

Most dutifull & most obedient humble

servant

A. SPOTSWOOD.
P. S. Kiquotan July 28'" 17n.

My Lords,

Since I came hither to dispatch the Fleet, I have received advice that
upon the arrival of the Marines I sent to Carolina the heads of that
mutinous Rabble there are fled and dispersed, and that there is now great
hopes that Country will again be restored to peace; the Assembly and
Courts of Justice are beginning to resume their functions without fear of
further disturbance. The Commissioners for settling the boundarys are
just now mett, and I hope they will conclude that affair before they sepa-
rate ; so that I may be able by the next opportunity to lay their proceed-
ings before your Lordships.

There are now further discoverys made of the ill designs of M"" Cary
and his party, there being some Aflfidavitts sent in hither to prove that
M" Porter one of Cary's pretended Council was with the Tuscaruro
Indians, endeavoring by promises of great rewards to engage them to cut
off all the Inhabitants of that part of Carolina that adhered to M'' Hyde.
The Indians own the proposal was accepted by their young men ; but
that their old men who have the greater sway in their Councils being of
their own nature suspicious, that there was some trick intended them, or
else directed by a superior Providence, refused to be concerned in that
barbarous design.

784 COLONIAL RECORDS.

[B. P. R. O. B. T. Virginia. Vol: 13. O. 97.]

[COPIES OF AN ADDRESS AND TWO ACTS OF ASSEMBLY
ENCLOSED IN GOVERNOR SPOTSWOOD'S LETTER TO
THE BOARD OF TRADE, DATED 25"^ JULY, 17 IL Page

780 ante.]

To his Excellency the Palatin and Lords Proprietors of Carolina
The humble address of the Present General Assembly of North Carolina.
We being at this time by God's gratious assistance met to perfect so
far as in us lyes, the recovery of this your Lordships poor Country out
of a most wretched confusion. Do beg leave with all humility to lay be-
fore your Lordships the present state thereof, and the steps that have
been taken towards the resetliug of the Government, and restoring the
necessary Course of Justice together with what opposition our endeav-
ours have met with : And tho we are under a necessity of mentioning
the troubles we have laboured under and the causes of them, yet we are
very unwilling to enlarge upon that ungrateful sulyect which out of
charity to many of our fellow subjects, who have been unhappily mislead
and imposed upon, we had rather should be forever buried in oblivion : we
therefore think it at this time sufficient to inform your Lordships
that some restless and giddy heads among the peojile called Quakers
persuing their wonted practice and indefatigable endeavours to oppose
(we may rather say) to extirpate the Church, after they had procured
several changes in the Government being perhaps encouraged by their
former success did in the year 1708 joyne with Coll : Cary, M' Porter
and M'' Moseley and other malecontents and some persons of desjjerate
fortune at Pamplico raised an Insurrection against the Government then
duely established by a Commission from your Lordships and to which
they themselves had submitted, and having by force and other sinister
means got the records and offices into their hands, they set up an arbi-
trary Government which by discoixis amongst themselves soon fell piece-
meal to the ground ; till that nothing remained but confusion, disorder
and oppression, these matters may it plea.se your Lord.ships are notorious
and need no proof, the di.sorders being increased to that degree, that the
continual clamour amongst our selves, and the reproach we lay under in
the neighbouring Colonies, as also the grievous complaints made on
behalf of the Poor Palatins, put all who had any sense of duty either
to God or man under a necessity of seeking some remedy for these detest-

COLONIAL RECORDS. 785

able evils which we .saw were very likely to continue another year The
good method which your Lordships had taken being frustrated by the
death of Colonel Tynte, and the Hono"" Edward Hyde Esq" being
arrived here, and it appearing by Letters from Coll" Tynt and other tes-
timonys that he was appointed by your Lordships to be our Gov"^ we
could not but look upon him to be the most proper person to retrieve us
out of this distress. And therefore many endeavours were made to put
the Government into his hands which were opposed and frustrated by
Coll" Cary, but in a little time M"' Hyde's great candour and gracefuU
behaviour so far jjrevail'd with the best, and the awefull respect to his
family and interest overawed others that Coll" Cary found himself under
a necessity of complying or being deserted by all those that yet adher'd
to him, whereupon M' Hyde was unanimously chosen by all who could
jjretend to have a Suifrage in the election, upon which a Council was
called to appoint Courts of Judicature, and necessary -ministers and to
call an Assembly, to which Council Collonel Cary and M'' Porter were
both called but without any reason refused to give their attendance, on
the contrary they have used all possible and most malitious and odi-
ous endeavours, having caused the records and Seal to be detained to
obstruct it and all regullar proceedings and to overturn the Government
and introduce the former confusion and miserys, for which their seditious
jiracticcs we were under a necessity to bring them to a Tryal (the account
of which being herewith sent) your Lordships will be thereby further
informed. And now the Government to the general satisfaction of all
men being thus put into some order, we ernestly pray your Lordsp^
favourable construction of what has been done and that your Lordships
would assent to these Acts we have herewith sent ; And whereas in the
first there is a provision for contiuuing the Government, we do not
therein presume to give Rules to your Lorships but out of a deep sense
of the miserys we have already felt to prevent the like untill your Lord-
ships shall according to your great wisdoms appoint a better method
being verrily persuaded that your Lordships have not been informed
of the want of such a necessary provision, And whereas in the second
Act all proceedings during these two years last past are made void,
which howev^er it may seem severe, yet we found it necessary because of
the unheard of iregularities and "unlawful judgments therein past, as
appear by the copys which have been given out of their Courts, which
could not be anywise provided for, whilst they conceal all their Journals
and Records. That an inspection cannot be made : we thought it better
that a few should be compelled to bring their suits over, than many be
95

786 COLONIAL RECORDS.

concluded under unjust judgment and yet the severity is not so great as
their declaring by proclamation all proceedings null and void, that had
been done by the space of nine months before they usurped the Govern-
ment without any exception, tho in those proceedings they could not chal-
lenge one Article; and having laid before your Lordshijis this short but
true account of our present condition : we in most humble manner beseech
your Lordships to take this poor Country into your consideration, with-
out any dependance on the other part of your Lordships province, by
which the influence of your Lordships good government towards us have
been very mucii clouded. And that you would continue to us this worty
Gentleman who has been so happy an Instrument of peace and Recon-
ciliation amongst us ; and that you would remove these three restless In-
cendiaries Col° Cary, M' Porter, and M"^ Moseley from having any share
in the Government, which is all the punishment we pray may be inflicted
for many crimes and misdemeanours they are justly chargeable with, we
have but one thing more to lay before your Lords^^ which is the sale and
surveys of your Lordships Lands concerning which the complaints are
so numerous and grevious, and all the accounts we have yet had from
either M' Moseley or the secretarys Office so short and unsatisfactory ;
that no cei-tain account can be had till a careful review be made ; thus
much only is certain that many surveys have been returned for Tracts of
land, whereon the Surveyor has never sett his foot, we hope this matter
will be reduced into some better order by M" Lawson who as he has been
a very zealous promoter of the settlement oi' this Country so we doubt
not but he will be serviceable to your Lordships in this oftice, which at
this time needs a skillfull and faithful manager, we pray leave further to
supplicate your Lordships on behalf of several of the new Inhabitants
who have imported themselves and familys at a great charge into this
Government during these Troubles, upon the encouragement given of
having Land by purchase, and there being no settled Government, was
under a necessity of settling themselves upon any Land they found
vacant, or else to have removed themselves into some other Country to
their great disappointment or utter mine, we hope your Lordships will
consider their case and give order that they may have their lands granted
on the same terms, that other your Lordships grants have, who had the
fortune to import themselves at a happier juncture.

We lastly beg your Lordships that if any person shall malitiously
make any other representacon of the state of the Country and Proceed-
ings than we have here done, that your Lordships would be pleased to
suspend your belief till we can make reply assuring your Lordships that

COLONIAL RECORDS.

787

we have had no other end than the doing justice to all men and settling
sneh a peace as we and our posterity may reap the benefit of: in grant-
ing us these requests we shall ever he in duty bound to acknowledge your
Tjordsiiips justice and favour towards us, and we the subscriber are and
shall remain,

Your Lordships

Most humble and obedient Tenants and Servants
W" SWAN speaker

EDWARD HYDE
W. GLOVER
THO POLLOCK
RICH'' SANDERSON
N CHEVIN
THO BOYD

FRED JONES
W" BRAY
ROB' WALLICE
JAMES COLES
EDWARD SMITHWICK
JOHN JORDAN
THO. ROLFE
THO. LONG
RICH" TERRY
THO. LEE
RICH" STAMP
FRAN: DELAMERE
JOHN MUNCREF
RICH" JASPER
JOHN BLUNT
W" READ

THO. VANDORUMLEN
LAY. READING
LEONARD LAFTIN
EDWARD BOYNER

ACTS PASS'D IN NORTH CAROLINA 17n.

An Act for the better and more effectual preserving the Queen's peace,
and the establishing a good and lasting foundation of Government in
North Carolina.

Whereas several revolutions have heretofore happened in this Colony
which were fomented and carried on by factions and seditious per-
sons to the great loss and Damage of the Inhabitants thereof, and to the
repeated breaches of her Majesty's peace and violation of the Loyalty
and Obedience due from Subjects to their lawfull Sovereigns and Supe-

7«8 COLONIAL RECORDS.

riors; And what most nearly lias concerned us, are the late unhappy dis-
sentions amongst ourselves in this Colony, whereby injustice and Oppres-
sion took place, and overspread our Colony, our Trade decreased and
daily differences and animosities encreased to the ruin of Religion and
our Liberties Since which time it hath pleased God in a great measure,
to influence us with a deep Concern of our Calamitys, and put into our
hands a power and resolution of removing those threatning Evils and
Dangers, and for the future to procure a happy Restauration of peace
and tranquility amongst us, by making such good and wholesome Laws,
whereby religion and virtue may flourish. Our duty to our Prince and
Governors be putt in practice and maintained, Our Laws Libertys and
Estates preserved and Kept un violated, and justice and Trade encour-
aged. Wee therefore the Commons assembled do pray that it naay be
enacted And be it Enacted by his Excellency the Palatin and Lords
Proprietors, by and witli tlie advice and consent of this present General
Assembly and tlie authority thereof, and it is hereby Enacted, that any
person or persons wliatsoever who shall at any time (after the date hereof
speak any seditious words or speeches or spread abroad false news, write
or disperse scurrilous Libels against the present Governm' now lawfully
established : disturb or obstruct any lawfull Ofticer in the executing his
Office, or that shall instigate others to Sedition Caball or meet together
to contrive invent suggest or incite rebellions, Conspiracys Riotts or any
manner of unlawfull Feuds or difterences thereby to stir up against or
malitiously to contrive the Ruin and Disturbance of the Queen's peace,
and of the safety and tranquility of this Government, the said person or
persons so offending shall and are to be reputed as utter Enemys to the
Queen's peace, and the Welfare and good of this Government, and shall
be punished accordingly by fine, imprisonment, pillory or otherwise at
the discretion of the Justices of the General Court, who are hereby im-
powered to heare and determine the same, and the said person or persons
so oftending, shall be compelled to give good and sufficient security
for his or their good behaviour during the Courts pleasure, and be
incapable of bearing any office or place of Trust within this Gov-
ernment for the space of three years or accordingly as the Demeritt
of the Crime, shall appear before the Judges thereof and if any
person or persons shall at any time hereafter, know of such evill
practices as aforesaid, and shall conceal the same, that then they shall
be punished in the same manner as if they themselves had committed
such Crimes. And for the further prevention of traiterous Conspiracys
and Rebellions against her sacred Majesty of Great Brittain her Crown

COLONIAL RECORDS. 789

and dignity and the better to distinguish and prevent any disaffected
Ministers or Officers either Military or Civil from acting or being toler-
ated, commissionated or inipowered to Act in, possess or hold or remain
to Act by virtue of any Commission deputed Commission or any power
whatsoever, until the said person whosoever he be, has first qualifyed
himself according to the strictness of the Laws of great Brittain now in
Force And l)e it enacted by the authority aforesaid what person soe^'er
shall act in any place of profitt or trust as aforesaid, without being so
qualifyed shall forfeit the sum of one hundred pounds to be recovered by
Action of Debt, bill plaint or information in any Court of Record within
this Province, one half to the Governor oi- President for the time being
for the support of the Government and the other half to him or them
that shall sue for the same, and shall forfeit his Right to the same place
or benefise Provided that all Military Officers may take the oaths in oi-der
to their qualification before any one member of the Council or of the
General Court, who are hereby inipowered to administei- the same, and
give them Certificates thereof, and moreover what person or jjcrsons who
hereafter shall equivocate, alter, add to or diminish any word or Clause,
of the Oaths ai)pointed to be taken by Tjaw, shall be deemed and held
guilty of fergery and high Crimes, and shall be punished accordingly;
And whereas this Province is annexed to and declared to be a Member of
the Crown of England, yet notwithstanding disputes do often arise con-
cerning the Laws of England, how far they are in force in this Govern-
ment: and it appearing by the Charter that the power therein granted of
making Laws are limited with this expression Viz. Provided such Laws
be consonant to reason, and as near as may be agreeable to the Laws and
Customs of Our Kingdom of England, from whence it is manifest that
the Laws of England are the Laws of this Government, so far as they
are compatible with our way of living and Trade, Be it therefore enacted
by the authority aforesaid, and it is hereby Enacted and declared that the
common Law is and shall be in force in this Government except such
part of the practice in the issuing out and return of Writts, and proceed-
ing^ in the Court of Westminster which for want of several Officers, can-
not be put in execution, which ought to be supplyed by Rules of the Gen-
eral Court of this Government, being first approved of by the Governor
in Council which shall be good in Law from time to time till it shall be
altered by Act of Assembly. And be it further Enacted and declared by
the Authority aforesaid that all statute Laws of England made for main-
taining the Queen's Royal Prerogative and the security of her i^oyal person
and succession of the Crown, and all such Laws made for the Establishment

790 COLONIAL RECOKDS.

of the Church, and the Laws made for granting Indulgencies to protestant
dissenters, and all Laws providing for the priviledge of the people and se-
curity of trade, as also statute Laws made for Limitation of Actions and
for preventing of vexatious Law suites, and for preventing immorality
and frauds, and confirming Inheritances and Titles of Land are and shall
be in force here, altho this province or the plantations in general are not
therein named. And because that it has always happened that upon va-
cancy of the Government seditious and evil minded persons have taken
occasion to dispute the authority of the succeeding Governor or president
howsoever elected or qualified for want of certain rides being laid down
and approved of by the Lords Proprietors, Wee pray therefore that it
may be enacted, and be it enacted by the authority aforesaid that in case
of any such vacancy the eldest Lords Proprietors Deputy shall summon
the rest of the Deputys with all convenient speed to meet at the usual
place for the Councils meeting and there they or the major part of them
that meet shall chuse a President And in case of an equality of votes
the voice of the Elder Counciloiu' shall have preference and if it shall
happen that the Eldest C-ouncilhjur shall refuse to summon the rest of
the Deputys as aforesaid within ten days after notice of such vacancy,
then the next eldest Couucillour shall summon as aforesaid. And be it
further enacted that in case of the vacancy of any Lords Proprietors
deputy the Governor or President in time being with the consent of the
major part of the deputys then being, shall chuse one to supply that
vacancy till that Pi'oprietor shall signify his pleasure to the contrary, and
if any of the Lords Proprietors deputy shall at any time neglect to refuse
to give their attendance being cited thereto, the act or acts of the remain-
ing deputy shall be good and valid in the Law to all intents and pur-
poses. And be it further enacted by the authority aforesaid that in case
of extraordinary occasion, if the Governor, deputy Governor or Presi-
dent for the time being shall depart the Government, and shall first de-
clare the cause of his departure in Council, his absence not exceeding six
months shall not be deemed a vacancy, but the eldest Councillor shall
preside in Councill during his absence

EDWARD HYDE
W. GLOVER
THO: POLLOCK
RICH* SANDERSON
N. CHEVIN
THO. BOYD.
W" SWAN speaker.

COLONIAL KECORDS. 7!il

ACTS PASSED IN NORTH CAROLINA ITU.

All Act entitled an Act for redressing several grievances, abuses and ille-
gal proceedings whereby the poor Inhabitants have been wronged as
well in their Titles of Land, as in the payments of certain sums of
money extorted from them without sufiicient acquittances.

Whereas many of the poor Inhabitants of this Government have
greviously complained that Coll. Thomas Cary pretending a power to
dispose of the Lords proprietors Lands and to receive the moneys for
the consideration of the same, have upon that pretext received and taken
securities for several sums of money of the Inhabitants of this Govern-
ment as the consideration of several Tracts of land by them purcliased
according to the Instructions, Rules and Ordinances made by authority
from the Lords Proprietors upon Record in this Government, and for
several fees and charges thereon accruing ; Yet many of them the said
Inhabitants have not their Titles to their respective Tracts of Land
made and executed according to the true intent and meaning of the said
Instructions : And whereas his Excellency the Lord Palatin and Lords
Proprietors have by their Instructions appropriated the money ariseing
and becoming due to them for the relief of the poor Palatines lately
transported into this Government by the Hono'"'' Chrit" Baron de Graf-
fenreid, Wee therefore the Commons assembled do pray that it be enacted
and be it enacted by his Excellency the Palatin and Lords proprietors
by and wnth the advice and consent of this present General Assembly
and the authority thereof And it is hereby enacted that the said Coll :
Thomas Cary shall within two months next after the publication hereof
appear before the President and Council or Commissioners by them
thereunto appointed, and deliver up all such bills, obligations or other
securitys by him taken as aforesaid And make payment of all such sum
or suras of money which he hath received on behalf of the Lords Pro-
prietors as aforesaid, that so the people may be saved harmless from any
further claim to be made for the same And the Titles of their land may
be secured, and that the said poor palatins may be supplyd therewith
according to the said Instructions. And be it enacted by the authority
aforesaid that in case the said Coll : Thomas Cary shall refuse or neglect
to appear and deliver up the said Bills or other securitys and make pay-
ment as aforesaid. That then and in such cases the same shall be levy'd
upon his good and chattells, Lands and Tenements, Rights and Credits

792 COLONIAL RECORDS.

by distress and sale, by warrant from the Hono'''* the President (lire(;ted
to the provost Marshal of the several Counties or their deputys. And
it is further enacted by the authority aforesaid that no alienation assign-
ment, bargain, or sale, made after the publication of this Act shall be of
any effect or pleadable against the execution of this Act, and for the better
discovery of what sum or sums of money are in the hands of the said
Thomas Cary (the Land Office with all l:)ooks, records and papers there-
unto belonging being feloniously detained or otherwise imbeziled by M'
Em" Low) so that a true account thereof cannot be had. Be it further
enacted by the authority aforesaid that all persons holding or claiming
any Tracts of Land by purchase shall within two montlis after publica-
tion hereof give just account upon (Jath what Land they hold or lay
claim to, to the persons hereafter named that is to say in the precinct of
Chowan to the Hono"' Coll : Thomas Pollock in the precinct of Pecjui-
mous to the Hono*'° W™ Glover in the j>recinct of Pasquotank to the
Hono'"'' Nathauiol Chevin in the precinct of Curratuck to the Hono'''"
Rich'* Sanderson Esq""*^ in the precinct of Pamplico to M'' Joel Martin in
the precinct of Wickham to M' John Jordan in the precinct of Archdale
to Capt: Lyonell Reading and Capt: William Brice upon penalty of be-
ing deprived of all Ijenefit of this Act and forfeiting to the true and abso-
lute Lords proprietors of this province the summ of ten pounds to be
recovered by action of debt in tiie General Court wherein no Essoign pro-
tection or wager of Law shall be allowed And whereas grievous com-
plaint have been made that M'' Edward Moseley hath taken upon him
to set out and survey the Lords proprietors Lands without due Entry
made or lawfull authority for the same, and therein have not jjroceeded
according to the Rules and Instructions in that case provided, so that
many illegal imperfect and irregular Surveys have been made and sev-
eral sums of money have been unlawfully extorted, from several of the
Inhabitants upon pretence of Fees and assignment of rights to the great
wrong of the Lords proprietors and loss and damage of the people for
remedy whereof Be it enacted by the authority aforesaid that the said
Edward Moseley shall within forty days after publication of this Act
give Bond witli good security in the sum of five hundred pounds to the
Hono'''^ Edward Hyde Esq'" who is hereby appointed Trustee on behalf
of the people with condition that the said Edward Moseley shall pay
back and refund unt(j the respective persons all such sum or sums of
mony and deliver up all such Bills or specialtys as he hath received for
security upon j)reteuce of fees, or composition for assignment of Rights

COLONIAL RECORDS. 793

whei-e it shall appear that his survey or returne hath been imperfect,
ii-ret;;iilar, ileficicnt or not warrantable by the rules in that ease pi'ovided,
or where rights had been assigned to him without due authority for the
same which shall be adjudged of by the Governor or })resident and coun-
cil, which money so received back on account of fees shall go to the sur-
veyor General for the time being who shall hereby be obliged to make
due and regular returns of the same, and all such mony so recovered as
aforesaid upon the account of composition for rights shall go to the Gov-
ernor deputy Governor or President for the time being And be it further
ena<'ted by the authority aforesaid that in case the said Edward
Moseley shall neglect or I'cfuse to ap])ear to give security as aforesaid
within the time aforesaid that then and in such case all such Bills or
other special tys by him taken as aforesaid shall be utterly null and void
in the Law to all intents and purposes as if the same had never been
made, and all such sum or sums of money as aforesaid by him received
shall be recovered back by an action of debt at the suit of the party
aggrieved in the general Court of this province wherein no essoign pro-
tection or wager of Law shall be allowed : and where any person or
pei'sons shall have the trouble of suing for mony already paid, the said
persons shall have double costs and damages allowed by him the said
Edward Moseley (Provided always that any irregularity deceit or un-
warrantable action of the said Edward Moseley or any person by him
employed, shall not in anywise prejudice the persons claiming the land,
but the right and claim of every person upon due and regullar return,
shall stand and be firm and good in law, as if the same had perfectly and
warrantably been done and performed And whereas from and after the
24"" day of July in the year 1708 the Government was unlawfully
usurped, the course of Justice subverted, and an arbitrary power set up
by which several sums of money have unlawfully been levyed upon the
people her Majesties' subjects imprison'd and unjust judgements given
and execution thereon had and obtained. Be it therefore enacted by the
authority aforesaid that all suits, judgements proceedings and Levys
made from and after the day aforesaid untill the two and twentieth day
of January last past shall and are hereby declared to be null and void :
and where executions have been had out of any pretended Court or
Courts, a writt of restitution shall issue out at the suit of the party ag-
grieved which shall be signed by the Clerk of the Court wherein such judge-
ment was obtained, whereof the pretended Court shall be evidence, Pro-
vided that restitution for any sum levyed upon pretence of publick
charge, shall be made as hereafter shall be appointed by Act of Assembly,
96

794 COLONIAL RECORDS.

Provided also that this Act shall not barr any person that hath made
suit within the time before mentioned but that his right of Action shall
remain to him, as if such suit had not before been made, Provided also
that this Act nor any part thereof shall extend to Marriages probats of
Wills, Letters of Administration, Conveyances and sales of Land amongst
ourselves, proving of Rights, Contracts and Bargains.

EDWARD HYDE
W. GLOVER
THO. POLLOCK
RICH. SANDERSON
N. CHEVIN

. THO. BOYD

W" SWAN speaker.

[From Spotswood Letters. Vol. 1. p. 100.]

Virginia, July 28'" 1711.

To the Lords Proprietors of Carolina :
My Lords :

Your Lord'ps will no dou]:)t receive from divers hands an account of
the distractions in your jirovince of North Carolina, and therefore I shall
not enter into the detail of that Affair any further than what concerns the
part I have had in Endeavouring to obtain a passification of their
Troubles and to restore to that Country that Union amongst its inhab-
itants which is so necessary for the public good.

After I had received from Mr. Hyde and his Council repeated advices
of the preparations Mr. Cary was making to attack them with an armed
Force, and the powerful interest he had made by the means and Artifices
of the Quakers to poison the minds of all those who had any remains of
a peacable di.sposition and to debauch them from their Obedience to a
Government to which he himself had consented, and that your President
and Council were unable to defend themselves without assistance from
this Colony, I did upon mature deliberation with the Council here, judge
it mo.st expedient to offer my mediation to accommodate their differences,
at least to persuade Mr. Cary to suspend all Acts of Violence untill your
Lord'ps should signify your pleasure upon the Laws with which he pre-
tended to be aggrieved. I must do justice to Mr. Hyde and the Gentle-
men who act as his Council to represent to Yo' Lord'ps their readiness
to submit all matters in dispute to an impartial examination and to yield

COLONIAL RECORDS. 795

to any terms that were jiijst and honourable, but I found a quite different
Spirit in Mr. Cary and his Associates, who would not so much as agree
to a place of Conference where Mr. Hyde could repair with safety to his
person, and at last rtjeeted all offers of Mediation, tho' the Gent. I sent
to propose it, signifyed to him by Mr. Mosely, one of his greatest Confi-
dants, that Mr. Hyde was willing to yield to as many of his demands as
he had then thought fit to communicate. The Confidence he placed in
his superior Force (having then a Brigantiue and Barco longo mounted
with canon and filled with armed men riding in Chowan Sound, wearing
his Flag at the top-mast head, within gun shott of the places where Mr.
Hyde and his Council lay) made him fancy he should soon be able to
reduce Mr. Hyde and the Council under his power, and he had the mad-
ness to insinuate to the Gentleman I sent to him that Mr. Hyde might
expect the same fate Coll" Park had in Antegoa, but his success has not
hitherto proved answerable to his expectations, having met with Repulse
in the attempt that he made to Land and seize' Mr. Hyde. However,
those who have the direction of him will not suffer him to be discour-
aged by that disappointment. For Mr. Hyde informs me he is now
drawing together a greater Force at Pamlico, and fortifying the house of
one Roach, where is the Rendevouze of his Quaker Crew. I think it
necessary to acquaint Your Lord'ps that no man has appeared more act-
ive in these Commotions than this Roach, a wretched fellow, who being
sent in lately with a Cargo of goods belonging to some Merchants in
London, no sooner came into the Country but he declared himself against
the Government, without examining which side was in the wrong, and
has been all [the while] a principal Incendiary, and had it not been for
his furnishing the Mobb with trading guns out of his store, and ammu-
nition belonging to his Imployers, these Commotions would never have
got to the head they are now arrived at. I must not Omitt to inform
Your Lord'ps how far the true Spirit of Quakerism has appeared on this
Occasion, for besides the insinuations they have made to inflame the Mob,
and their Supplying them with arms, I'ather than baulk their design,
several of the Chief of them have accompanied Mr. Cary as his Coun-
cil, and some even taken upon them military titles. Upon the repeated
applications of Mr. Hyde for assistance from hence, I had the unanimous
opinion of her Majesty's Council here to send an armed Force for the
pnjtection of that Government against thi^ Insurrection, there being now
no other way but Force left to restore the peace of Your Ijord'ps' Coun-
try. I iiave sent to Mr. Hyde a party of Marines from our Guardships,
in hopes that will fright the people from joining in the mad designs of

796 COLONIAL RECORDS,

Cary and his party, when they see their Governor will be supported from
hence. The satisfaction Mr. Hyde gave rae of your Lord'ps' intention
for his being the Governor of that Province, tho' he had met with such
disappointment in obtaining his Commission, and the evident proofs that
all this Faction against him, is purely occasioned on the account of his
acting for the interest of Your Lord'ps, in endeavouring to obtain justice
from Mr, Cary in relation to your dues, were very great inducements to
engage in this Undertaking. Your Lordships' prudence will easily
suggest to you the proper measures to put an end to these Confusions and
to establish a more lasting foundation of peace and Tranquility to her
Majesty's Subjects under your Government, wherein I shall think my-
self happy if I can be serviceable, having no private passion or Affection
to any person there, nor any other design than to testify the Respect with

which I am.

My Lords, &c.

[From Spotswood Letters. Vol. 1. p. 105.]

GOV. SPOTSWOOD TO LORD DARTMOUTH,

Virginia, July 28th, ITIL
To My Lord Dartmouth :

My Lord:

Having given Your Ijord'j) the trouble of two dispatches by the New
York packet boat (of whicli the duplicates are inclosed) I have little now
to add except to enclose the Journals of Council and proclamations which
contain the publick transactions of this her Majesty's Colony. Since the
arrival of the Marines I sent into Carolina, the Affairs of that Country
seem to take a new turn. Mr. Cary and his party are dispersed, and 'tis
hoped the Courts of Justice and Assembly of the Province will again be
at Liberty to resume their Functions. Upon advice that some of the
Chief of Mr. Gary's Faction were come into this Colony, the Council
advised the i.ssuing a proclamation for apprehending them 'till they
should give Security for their good behaviour here, for no government
can be safe that has in it sucl)^langert)us Incendiarys. There are several
Affidavits sent me to prove that one Porter w1h> is one of Mr. Gary's pre-
tended Council was with the Tuscaruro Indians promising great Rewards
to incite them to cut off all the Inhabitjints of that part of Carolina that

COLONIAL RECORDS. 797

adhered to Mr. Hyde. Tlie Indians own that the proposal was accepted
by their yonng men, but that their old men (who bare great Sway in all
their Councils) being of their own nature Suspitious of some trick or
else directed by a Superior providence, refused to be concerned in that
barbarous design. I must beg leave to represent to Your Lord'ps how
ill provided we are here to oppose either a foreign Enemy or Intestine
Commotion, the powder her Majesty sent hither some years ago is so
much wasted by lying so long in this Climate that there's no dependence
on its doing execution even at half distance. I pray Your Lord'ps will
1)6 pleased to move her Majesty to send a fresh Supply, and in the Mean-
time that the Captains of her Majesty's Ships of War resorting to this
place may be directed to exchange from time to time some new powder
for that here, which will be as usefull as any other for their Signals,
Watch guns or Salutes. Her Majesty's Ship the Enterprize attending
this Government had the good fortune to take at our Capes a French
privateer of 88 men from Petitguarms [sic] which had used their Coast
and done great damage to our Trade for two or three summer's past. I
have sent the prisoners home by this Fleet and hope it may prove for
her Majesty's Service in redeeming from the Enemy the like number of
her Majesty's Subjects, which I shall always preferr to the particular
Advantages to me by sending them in a Flag of Truce to their own
Island.

[From Spotswood Letters. Vol. 1. p. 107.]

GOV. SPOTSWOOD TO EARL OF ROCHESTER.

Virginia, July 30th, ITU.

To the Earl of Rochester.
My Lord:

The extraordinary Scituation of aifairs in my Neighbourhood gives
Occasion to the doing myself the honour of this Letter wherein I shall
be cautious of taking up Your Lord'p's time with any needless detail of
the distractions in North Carolina, well knowing there are persons now
gone over to make a full Representation thereof, and that if the particu-
lars be judged material, they will be communicated to Your Lord'p by
her Majesty's Secretary of State, and by ye Council of Trade, to whom
I have writt at large upon this head, and shall only in general say, that

798 COLONIAL RECORDS.

when I found a Mob up in arms obstructing the course of Justice, de-
manding the dissohition of the Assembly and the Repeal of all Laws
they disliked, rejecting the Mediation of this Government, and Slighting
the Concessions made by their President and Council for redressing all
the Grievances they thought fitt to communicate, when they declared
their intentions to act another Antigoa Tragedy, and not only threatened
to call in Indians to their Alliance, but actually Endeavoured to engage
the Tuscaruros in a l)arbarous design of cutting ofT all her Majesty's
Subjects that were not of their party, I thought it high time to interpose
with a Force from this Colony to put a more eifectual stop to their mad-
ness, which I rejoice to tell Your Ijord'p is now hapily accomplished,
and that party dispersed without effusion of blood. Here I beg leave to
offer it as my humble opinion, that since the Country of North Carolina
has long been the common Sanctuary of all oiu- Runaway Servants and
of all others that fly from the due execution of the Laws in this and her
Majesty's otlier plantations. Since they labor under such a total Absence
of Religion that there is but one Clergyman in the whole Country, who
has been little more than a year there, and has since baptized great num-
bers of persons of all ages. Since the Quakers are a numerous people
there, and have been fatally trusted with a large share in the administx'a-
tion of that Government, and often taken up arms to maintain themselves
therein ; Since it has been the common practice there to resist and im-
prison their Governors, as that they look upon that as lawfull which has
been so long tolerated, but lately since neither the great Moderation (I
may justly say) prudent behaviour of Mr. Hyde, nor the respect due to
his birth and Character, could avail anything on that mutinous people, I
cannot see how it Is possible to reduce that Anarchy into a regular form
of Government, without their Governor be invested with a greater
Authority than the I^ords Proprietors can confer, and that he be also
assisted and Supported from this Government, which I can joyfully
assure your Lord'p is in perfect peace and Tranquility, under a due Obe-
dience to the Royal Authority and a Gen'll Conformity to the established
Church of England. And to this, that if the person appointed Deputy
Governor of North Carolina be Commissioned by the Crown, her Majesty
will have at hand one to take Care of this Government upon any sudden
Vacancy ; Since the interest of Great Britain and the Royal prerogative
cannot but lose ground during the rule of a President who is generally
either a native of the place, or too considerably interested therein. I
pray Yo'r Lord'p to interpret the trouble I have here given you, as pro-
ceeding from a sincere desire to promote her Majesty's service, together

COLONIAL RECORDS. 799

with the Welfare of her people, and to advance the intere^^t of my Native
Country and the established Chureh, which will always be the hearty
endeavours of him who begs the ht)nour of subscribing himself, with the
profoundest Respect,

My Lord,

Your Lord'p's
Most dutifull &
Most devoted
Humble Servant.

[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 20.]

AT THE COURT AT WINDSOR.

the 30'" of July 1711
Present
The Queens most Excellent Ma'^
in Council
L^pon Reading this day at the Boaixl a Report from the Ijords Com-
missioners of Trade and Plantations upon a Memorial of the Lords
Proprietors of Carolina Setting forth their having always given Instruc-
tions to their Governf)r of the said Province to apjioint a Deputy for the
better and more regular Government of that Part of Carolina that lyes
North and West of Cape Feare by reason of the great Extent of that
Country and the Necessity of Corresponding & Trafficking with the Sev-
eral Nations of the Indians and therefore pray Her Ma'^' Royal Appro-
bation of Edward Hyde Esq'' to be Govern' of North Carolina aforesaid;
And the said Lords Comm" by their said Report having no objection to
the same, And taking Notice, that the Security usually Given by the
Governors of Other Proprieties is in a Bond of Two Thousand Pounds
Sterling; But in regard the Trade in that Part is inconsiderable, and
therefore humbly oifer that the Security to be given by the said Edward
Hyde be only in a Bond of One Thousand Pounds Sterling ; Her Majesty
in Councill taking the Same into Consideration is Graciously pleased to
Declare Her Allowance and Royal Approbation of the said Edward
Hyde Esq' to be Governor of the said North Carolina according to the
Nomination and Ajipointment of the said Projirietors. Provided he

800 COLONIAL RECORDS.

Qualifies himself for that Trust in such manner as the Law Requires
And that he gives one Thousand pounds security for his due observance
of the Acts of Parliament relating to Trade and Navigation, and of such
instruction as shall be from time to time sent him from Her Majesty or
any acting under her Majesty's Authority. And the said Lords Com-
mission" of Trade and Plantations, are to take care that good and suffi-
cient security be given by the said Edward Hyde accordingly

JOHN POVEY
(Endorsed)

Reed 25"' August \ ^

Read 23 October f^'^^ ^ "^^^

[From Spotswood Lettbbs. Vol. 1. p. 102.]

GOV. SPOTSWOOD TO THE LORDS PROPRIETORS.

KiQUOTAN, July 31, 171 L

To the Proprietors of Carolina:
My Lords :

Since my writing this, the Marines are returned after having frighted
the Rebellious party so as to lay down their arms and disperse, and I
with joy tell Your Lord'ps that there is now .some prospect of tranquil-
ity in Yo'r Government, and that I have brought this about without
effusion of blood, or disorders committed. And upon my arrival at this
place, I found Collo. Cary, Levy, Treuit, &c., blustering and pretending
to have taken a passage in the Fleet for their going to England, in order
to justify their action. Whereupon I had 'em brought before me, but
plainly discovered they intended nothing le.ss than a fair Tryal at Your
Lord'ps' Board. Wherefore, seeing they would give me no security for
such appearance, I have sent them home in the Reserve and Tyger, Men
of War, believing the greatest Justice I can do them is to leave them to
Your Lord'ps' Examination.

COLONIAL RECORDS. 801

LB. P. K. O. Am: & W: Ind: Vol: 22. p. 2.]

LETTER FROM GOV. HYDE.
My Lord,

As no cue can more heartily congratulate your Lordship in that high
station her Majesty has so deservedly placed your Lordships so no one
can be less desirous of" giving you any trouble now you are in it But it
is nay lot at this time to be placed in a govei'nment where I find nothing
but sedition has been industriously cultivated and rebellion too much
practiced. An instance of which will be very evident in Coll: Cary who
is now sent prisoner to England. I think this is but the third Rebellion
he has headed since he came into Carolina beginning with him in Ashley
River, where he headed 300 Mob and seized Judge Trot and twice since
he came into North Carolina concluding with me. He and those people
committed with him which he intended Evidences for himself were at
the request of me and the Councell apprehended by the Hon*'" Alexan-
der Spotswood Lieutenant General Governor of Virginia and I should
do very great Injustice to that hon""'* person if I did not own that the
prospect we have of peace being settled in this Govermiient oweing to
him, as well as putting an end to this Rebellion to his measures; I [saw]
no way left to suppt)rt her Majesty's authority and peace here and main-
tain the Lords Proprietors power but by begging assistance from the
Governour of Virginia who with great compassion tooke the miserable
case of that Country and my circumstance (in a manner I may say) into
his own protection.

I humbly supplicate your Lordships that not having had notice of
Coll : Carys being apprehended and committed before the Fleet sayld for
England by which it was rendered impossible for me to send evidences
to make out our charge at this time against him, which I have no reason
to doidit but I shall do with great clearness) that I may have sufficient
time allowed me to send over my evidences and proofs: But if such a
favourable consideration (in your Lordships) to the poverty of this Coun-
try should prevail with your Lordships to get a Commission sent into
Virginia to examine not only evidences but to try the criminals that are
in Custody here (if Coll : Cary and those committed with him shall not
by your Lordship be thought fit to be try'd allso) must undoubtedly be
esteemed a very great Charity — I must entreat leave to observe to your
Loi-dship that Levy Treuvit and George Lumley are two of the most
97

802 COLONIAL RECORDS.

eminent villains that could be picked out for Coll : Cary's purpose the
first Coll: Cary made clarke of Pemplico Court in Bath County M^here
it will be proved he was famous for forging of false Judgements and
razing of records which most in that Court are now raz'd by him George
Lumley was made the Secretarys Clarke by Coll : Cary and when he
rece* the CoUonys seal and the Records he gave bond to restore them
when required as whole as when he received them without corruption
or Imbezelment when I sent my order for them he refused it and when I
compelled him to deliver them, abundance of records was not only razed
but whole councells cut out of the Booke the other two Edmund Porter
and Challingwood Ward are as usefull for any wicked purjiose as the others
and were all of them in arms on board the Brigantine with Coll : Cary when
he assaulted me the SO"" of June last on Coll : Pollocks Plantation but
was repulsed. I humbly beg your Ijordships pardon that I have tres-
passed thus much upon your Lordships patience, I hope of your Lord-
ships protection and Interest as my cause will appear having been most
barbarously used ever since I came in by a people I never offended, but
the Quakers that have ever strove to overturn the church Government in
this Colony has since I came in pushed it on with unusuall force many
having tooke up arms themselves. I had allmost forgot to beg of your
Lordships that if John Porter senior who I hear has gone in a Runne
for England should be heard of so that it comes to your Lordshij)s
knowledge, he may be tooke up for he has not only at all times been the
disturber of the Peace of this Government ever since he came into it but
in this last commotion has endeavoured by going in person to severall
Indian, towns and by promises of reward, to bring down the Indians to
cut of Man, Woman and Child on the Western Shore of Chowan, that
has been the only subjects to her Majesty that on all occasions has
expressed their Loyalty I huml)ly beg leave to recommend myself and
cause to your Lordships protection and interest, and if it were not too
great a presumption if I might have my complaints made by your Lord-
ships to my Lord Rochester and my Lord Guernsey I shall take it as
an extraordinary Favour assuring your Lordships that no person living
can be with greater regard and respect more your Ivorbships then
My Lord

your Lordships
most obedient most faithfull
and most devoted humble servant

EDWARD HYDE.
North Carolina

August the 22"* 171L

COLONIAL RECORDS. 803

I hope M' Tobras Knights sent over by this Fleet who was Secretary
here may be admitted to give sucli proofs before your Lordsliips as he is
furnished with Coll : Cary being tooke after he was on Board and so
cannot be fully prepar'd as otherwise he might, and which I shall take
care that he shall.

[From N. C. Letter Book. S. P. G.]

IVP DENNIS TO THE SECRETARY.

Goose Creek, 3 Sep' 1711.
Sir: —

I met nothing worthy remark till I got into North Carolina, being
the 26*", which is distant about a hundred and some odd miles, where I
found the people all in confusion and disorder, every one getting their
arms, and were in a readiness to go down to a place called Pamplico to take
one Colonel Cary who was late president, and had got the Lords money
in his hands, and would neither lodge it in the Assembly's hands, nor
give them sufficient security for the indemnifying the people from the
lords. This put me to a stand whether I had best proceed through such
a disorderly country as I perceived that was, or else to go back ; but, de-
siring God's protection and blessing, I resolved to put forward; so send-
ing my horses and guide back, I crossed Roanoke River, and then was
obliged to travel six miles on foot, there being no such thing as a horse
to be had ; at length I got one, and that night reached Governor Hyde's,
where I found abundance of men in arms. I was received very kindly,
and after the governor had perused a letter from the Honorable Gov-
ernor Spotswood of Virginia (which was in my behalf), he told me he was
designed to Pamplico the morrow, and that there was opportunity for my
passage for South Carolina. The next day, being Monday 27th, the
governor, with about eighty men, crossed the sound and went up the
river Moretto [Moratoc] about twelve miles, and there landed his men,
which were there increased to about one hundred and fifty, but left his
guns there. We were all obliged to lie in the woods that night, and the
next day got to Pamplico (otherwise called Hampton), the place where
Colonel Cary lived ; but he, having notice of our coming, made his escape
to a house of one Colonel Daniels, which was a small way down the
river. The governor did dot think fit to pursue him that day, but on
the next went down with his men, at which time Colonel Cary had for-
tified the house with five pieces of Cannon, and had about forty men ;
they could not bring him to any terms that was reasonable, and finding

804 COLONIAL RECOKDS.

they were so well fortified, marched back again without any action.
There was a young gentleman, a relation of Governor Hyde, killed by
accident. June the 1st, the governor, with his men, marched up the
country again, and I remained at Hampton waiting for my passage, the
vessel being not then ready ; during my stay here I lodged at one Major
Gale's, a very civil gentleman, at whose house the people met each Sun-
day, where a young gentleman, a lawyer, was appointed to read prayers
and a sermon, they having no minister. I understood they had a gen-
tleman sent them by the honorable society, but he could not live among
such an unaccountable sort of people, and was removed up in the coun-
try. Colonel Cary, finding the governor gone, infused into the people
that that Assembly was not duly elected, and that Governor Hyde was
not governor, having no commission sent him, and therefore he could not
comply with their demand; and one Mr. Roach, a merchant, which are
proprietors, backing the said Colonel Cary, with assuring the people that
Colonel Hyde was not designed governor, raised the affections of the
people toward Colonel Cary, and incensed them against Governor Hyde,
Colonel Pollock, and other gentlemen of the governor's council ; what
the end will be I know not, being obliged away from this place.

My reason for insisting so long on this subject is to let you see partly
the management of this country, the inconstancy and unacconntableness
of this people, who are of such a factious temper, that they are ready to
follow any one that will head them, let the design be what it will ; and
all is purely for want of sense and reason. I really think there cannot
be a people in the world like them ; indeed the country is good, pleasant,
and fruitful, and if inhabited with honest and industrious people, would

exceed all the places I have yet seen.

Sir, yours, etc.,

BENJAMIN DENNIS.

[B. P. R. O. B. T. Virginia. Vol. 13. O. 91.]

LORD DARTMOUTH TO THE BOARD OF TRADE.

Whitehall 25"" September, 1711.
My Lords and Gentlemen,

Captain Tcate Connnander of her Majesty's ship the Reserve, now in
the Downs, having acquainted me that he has brought five Persons from
Virginia, l)y order of the Lieutenant Governor of that Colony, who .setts
f )rth in the Warrant he has signed for taking them into custody, that
they had rai.sed a rebellion against the establishefl Government of Nortli

COLONIAL RECORDS. 805

Carolina, and failing in their attempts, were fled from justice; I am to
desire, you will be pleased to communicate to me what accounts you have
received of this matter, particularly in relation to the evidence produced
against them I am

My Lords and Gentlemen

Your most humble servant

DARTMOUTH

Council of Trade

(Endorsed)
Rec'^ 26'" Sept-' \j^ J J
Read do : j

[B. P. R. O. B. T. Virginia. Vol. 41. p. 331.]

LORDS OF TRADE TO THE EARL OF DARTMOUTH.

September 26"^ 1711.
My Lord,

According to your Lordships desire we enclose to your Ijordship the
extract of a Letter (we received yesterday) from Colonel Spotswood Lien-
tenant Governor of Virginia, dated the 25"' of July last, relating to an
Insurrection in North Carolina, as also copys of the letters and addresses
mentioned by CoP Spotswood, we have received no affidavits or other
Proofs against any of the Persons concerned nor is there any mention in
his Letter to us of any Persons being sent over hither
We are
My Lord
Your Lordships
most humble &
obedient servants

PH: MEADOWS.
CHARLES TURNER.
ART: MOORE.
Whitehall.
Sep* 26'" 17n.

[B. P. R. O. B. T. J. 22. p. 437.]

Whitehall. September 26"" 1711.
A letter from the Earl of Dartmouth of the 25'" inst. relating to five
persons being brought prisoners from Virginia by Capt. Teate Comman-

806 COLONIAL RECORDS.

der of Her Maj. ship the Reserve for having raised a rebellion in North
Carolina &c & desiring this Board to communicate to his Lordship what
accounts they may have received of that matter particularly in relation
to the evidence produced against the said persons was read And the Sec-
retary laid before their Lordships a letter from Col. Spotswood Lieut.
Gov. of Virginia dated 25"" July last paragraph 2 of which letter giving
an account of the said Rebellion was also read as likewise the papers re-
ferred to therein relating to the same Whereupon a letter to the Earl of
Dartmouth inclosing an extract of Col. Spotswood's letter and copies of
the said papers was signed.

[B. P. R. O. Am: & W. Ind: Vol. 22. p. 1.]

May it please your Lordships,

Whereas Coll : Thomas Cary Levy Truwhit, Challiugwood Ward,
George Lumley and Edmond Porter are at the earnest request of us the
president and Council of North Carolina apprehended in her Majesty's
Collony of Virginia b}- order of the Hon"^ Alexander Spotswood Esq"
Lieutenant Governor thereof and by him comitted to a hearing.

Wee in most humble manner pray leave to informe your Lordship that
at a Generall Assembly holden for this Collony in March last the said
Coll : Thomas Cary and John Porter Esq'* were impeathed of high crimes
and misdemeanours and were thereupon committed to the Custody of the
Provost Marshall from whom they made their escape and to protect them-
selves from Justice did confederate with the aboveuamed Levy Truwhit,
Challiugwood Ward, George Lumley, Edmond Porter and with one
Richard Roath and severall other desperate and evil minded persons as
also with Emanuel Low, Gabriel Newby and many others of the people
called Quakers and raised an insurrection against the lawfull Authority
of the Lords Proprietors of North Carolina and against the peace and
soveraign Dominion of our Soveraign Lady the Queen and to carry on
their rebellious purposes have endeavoured by promises of reward to
draw into their conspiracy the neighbouring Indians by them to cut off
all such of her majesty's subjects as should oppose their lawless proceed-
ings, and did man and fit out with great Guns and small Arms and other
warlike Stores two vessels and in them did sail in warlike manner with a
flag on the main mast head to the great Terrour of the Inhabitants and
severall Robberys and other Injurys did commit and in one of the said

COLONIAL RECORDS. 807

vessels did make an assault upon us the president and Council at the
house of Coll : Thomas Pollock (of the said Council) in the Precint of
Chowan who there endeavoured to keep the Peace of our Soveraign Lady
the Queen and maintain the authority of the his Excellency the Pallatine
and Lords Proprietors from whence being by Gods assistance repelled
they fled till they were apprehended as above said, wherefore we humbly
crave leave in such time and manner as your Lordships shall think fit
most necessary to produce our evidence against the said Coll : Thomas
Cary, Levy Tru whit, Challingwood Ward Geo: Lumley and Edmund
Porter who were committed and sent prisoners to England before we had
this last notice of it, by which we were deprived of sending our evidence
at the same time with him, for the making good our charge against the
said Coll : Thomas Cary and the rest committed with him for which wee
humbly hope considering the nature of their ofl'ences we may have suffi-
cient time allowed us for the doing of it wherein we do not doubt but to
make out full proofs of whatever we shall accuse them with.

We are not out of hope of your Lordshij^s great candour in this aifair
by which we may fully expect to see Law and Justice once more restored
to her Majesty's subjects and this poor country that for near three years
last past has by those rebellions been dispossessed of all. And consider-
ing this Country is entirely impoverished by those unhappy commotions
wee should look upon it an Act of the greatest compassion towards us, if
a commission could be obtained to be sent into Virginia, to try the Crim-
inals as well those Sent to England as those that remain in Custody here
to prevent that charge which would near complete the ruin of our Col-
ony. Wee are in all obedience

your Lordships most Dutifull

and most obedient humble servants

EDWARD HYDE

THO: POLLOCK GRAFFENRIED

THO: BOYD

N. CHEYIN W. GLOVER.

Wee beg leave if John Porter
be fled to England (as tis by
all here concluded) that your
Lordship would please to give
orders that he may be appre-
hended.

808 . COLONIAL RECORDS.

[B. P. R. O. B. T. Virginia. Vol. 58.— Extracts.]

JOURNAL OF VA. COUNCIL.

8. October 1711.

Whereas some of the Towns of the Tiiscaruro and other Indians on
the Frontier of North Carolina did on the 22'' of last month committ a
barbarous massacre on Her Majesty's subjects of that Province and still
continue to make war against that Government. To the end therefore that
the said Indians may be deprived of the means to prosecute their bar-
baritys upon Her Majesty's subjects The Governor with the advice of
Her Majesty's Council doth hereby strictly prohibite and forbid all per-
sons within this Colony to trade or traffique with the said Tuscaruro or
any other Indians for any sort of Commodity untill further order Certi-
fying such as shall act contrary hereunto that they shall be prosecuted
with the utmost severity. And the sherifs of the several Countys are
required forthwith to signify this order to the respective Indian Traders,
and to publi.sh the same at the Courthouse and in all Churches and Chap-
pells in their said Countys.

Resolved and accordiugl}' ordered

That for the better securing the Peace and tramjuility of this Govern-
ment and preventing the fui'ther incui-sion of the Indians M"" Peter Poy-
thres be forthwith dispatched to such of the Tuscaruro Towns as refused
to join with the rest of their Nation in the late massacre requiring them
to send Dei)utys to meet the Governor at the Nottoway Town on the l?""
of this month to treat of a peace with Her Majesty's subjects of this and
the neighbouring Colonys and plantations: and for the better inducing
them to this Treaty that trie said JNI"^ Poythres acquaint them that no
Trade will be allowed them from hence till the said Peace be concluded
And that he also assure them of a .safe conduct for their coming in and
returning and for that purpose a guard shall be .sent to meet them at the
Saponie town. That forasmuch as the Baron de Gratfenried Chief of the
Swiss and Palatine settlement in Carolina did unfortunately fall into the
hands of the Indians some days befor<> the Massacre is detained a prisoner
and his life in imminent danger It is ordered that a Message be also sent
to the Town where he is to demand that he and any other of the Inhab-
itants of Carolina prisoners among them be delivered up to this Govern-
ment as Her Majesty's subjects and to threaten them that if any violence
be oflFered to the said prisoners this Government will revenge it u]>on the
whole Town or nation that shall be found guilty.

COLONIAL IIP^COKDS. son

That since the making a shew of some part of the strength and force
of this Colony may be very necessary to awe the said Tuscarnro Lidians
not only to continne in peace with ns, but also to join with us in the
destruction of those Assassins It is ordered that the whole Militia of the
Countys of the Isle of Wight, Surry and Prince George be drawn to-
gether under arms at the Nottoway Town with six days provisions against
the time the said Tuscaruros are expected there.

Pursuant to the above Resolutions the Messages to the Tuscaruro
Indians to be sent by M"' Poythres and also the orders to the command-
ing Officers of the Militia were prepared and signed by the Governor in
Council.

15 October ITIL

The proceedings of the last Council held at Major Nathaniel Harri-
son's were this day read at the Board and approved as the best means to
answer the ends proposed therein for obtaining satisfaction for the late
Massacre committed in Carolina. This Board taking into consideration
what terms may be most proper to be insisted on at the Conference with
the Tuscaruro Indians in order to obtain a just satisfaction for the mur-
ders committed by some of their Nation and other Indians in the Prov-
ince of Carolina came to the following resolutions.

That the engaging the said Tuscaruros to carry on a war by them-
selves against the Nations concerned in the late Massacre will be most
for the ease of Her Majesty's subjects of this Colony and that therefore
all possible endeavours be used for that purpose by promising them such
suitable rewards as the Governor can persuade them to accept for the
head of each man of the Indian Enemy which they shall kill and bring
in and also for each woman and child taken prisoner and delivered here.
And for the better attaining this and that the Governor enter into an
Alliance with them both otfensive and defensive if they desire it, not
doubting but the general Assembly will enable the Government to make
good all such engagements.

That if the said Indians shall not be willing to carry on a war by
themselves, that then it is nec-essary to insist on their acting in conjunc-
tion with this Government and Carolina in the prosecution of the said
War, and that Hostages be demanded of them for their Fidelity.

That if the said Indians shall not agree to either of the terms alwve
proposed, but pretend to stand neuter the like Hostages be forthwith
demanded of them to be delivei-ed with all possible speed.

That in case the said Tuscaruros shall fail to come in according to tJie
Governor's appointment such a detachment of the Militia of the nearest
98

810 COLONIAL RECORDS.

adjacent County.s a.s the Governor shall think fitt to be forthwith sent to
the Tnscaruro Towns to require them ininiediately to attend the Gov-
ernor and to bring with them Hostages for their Fidelity in ease they
continue in peace with this Governm'

For the better protection of the Inhabitants of this Colony against the
incursions of Indians it is ordered that ten men and an officer out of each
of the Frontier Countys be appointed to range three days in a week
above the Inhabitants, and that the said party be from time to time
relieved by a like number with power to the CiMumanding Officer of the
Militia of the said respective Countys to augment the number of the said
Rangers, as the cause of Danger shall require

[B. P. R. O. B. T. Virginia. Vol. 13. O. 104.]

COLONEL SPOTSWOOD TO THE BOARD OF TRADE

15'" October 1711
My Lords,

After what I writt to your Lordships the 28"" of July last of the suc-
cess of my endeavours in quieting the Commotions in North Carolina,
I was in hopes I should not have had occasion to trouble your Lord-
ships again, with the affairs of that unhappy Country ; but a more dis-
mall and unexpected accident happening there lately I think it my duty
to give your Lordships the following account of it t<jgether with my pro-
ceedings thereupon.

On the "22'' of last month some Towns of the Tuscaruro Indians, and
other nations bordering on Carolina made an Incursion upon the head of
Neuse and Pamplico Rivers in that Province, without any previous
Declaration of War, or show of Diswjntent, and having divided them-
selves into Partys, at sun rise (which was their signal) begun a barbrous
massacre, on the inhabitants of the Frontier plantations, killing without
distinction of age or sex about sixty Engli.sh, and upwards of that num-
ber of Swiss and Palatines, besides a great many left dangerously
wounded : the Baron de Gratfenried Chief of the Swiss and Palatine set-
tlement there is also fallen into their hands, and carry'd away prisoner;
since which they have continued their ravages, in burning those planta-
tions, and others deserted by the Inhabitants tor fear of the like cruelty's.
The Governor M' Hvde has raised what men he can, to oppose the further

COLONIAL RECORDS. 811

iiivasit>n of tlie Heathen and protect tlie rest of" the Country : but that
spirit of disohedieuee to whieh they iiave been long aceustonied still pre-
vails so ranch that he can iiardly persuade them to unite for their com-
mon safety. I will not affirm that the invitatioji given those Savages,
some time ago by Col° Cary and his Party, to cutt oft' their fellow sub-
jects (tho that heavy charge is proved l)y divers testimonys and firmly
believed in Carolina) has been the only occasion of this Tragedy, yet it
appears very reasonable to believe that tlie Indians have been greatly en-
couraged in this attempt, by the unnatural Divisions and Animositys
among the Inhabitants, and I very much fear their mutinous and cowardly
behaviour in some late skirmishes, will eml)olden the Indians to continue
their insolencies.

Upon the first Advice of this unhappy event I sent out Detachments
of our Militia to prevent our Tributary Indians from joining with those
Savages, and understanding that the greater part of the Tuscaruros had
refused to be concerned with the rest of their Nation in this bloody exe-
cution, I have sent to them and the other neighbouring Indians to meet
me next week on our Frontiers, in order to a Treaty, and as they stand
in some awe of this Government, botli from the opinion they have of
our strength, and their apprehensions of the loss of our Trade upon a
Rupture I hope at this Conference to work so far on their fears and
interest as at least to preserve their friendshi]), if not to engage their
assistance for the destruction of those Assassins Tliere is very little temp-
tation for any man to enter upon an Indian war, nor much however to
be got by encountering a people, more like wild beasts than men : but if
war be the only means left us to secure her Majesty's people and Terri-
torys from the Heathen, I don't doubt but our Assembly (which is to
meet the 7"' of the next month) will take such Resolutions as become
them to provide for the efFectual prosecution of it. But whatever Air I
may give the matter to the Indians, I must not conceal from your Lords'"
the incapacity of this Country for an offensive or defensive war. Our
Militia are in a manner wholly destitute of Ammunition, and as ill pro-
vided with arras that are usefnll, and unless her Majesty will l)e pleased
to send in a supply of both to be ready against an emergency, I fear I
shall not be able to sustain any considerable attack of an Enemv.

LTpon the apjirehensions we had this summer of the French squadron
(which is said to be now in the West Indies) I made a shift to raise f()ui'
Forts, and run some Lines for the defence of our chief rivers, and to
mount about 70 pieces of Canon not finding at my arrival such a thing
as either Parapet, Pallisade or one single ])i('cc of Oi-dnancc mounlcd

812 COLONIAL RECORDS.

throughout the whole Government. 1 endeavoui'ed to make our last
Assembly sensible of the naked Condition of tlieir Country, but the ex-
pence appearing to them then, much more immediate than the Danger,
they were easily influenced by their low circumstances to deferr the con-
sideration thereof however I prevailed on them to revive in the mean
while a former Law made for the defence of the country in times of dan-
ger, and by virtue of that Law I have carryed on the above mentioned
works during the late alarm ; Notwithstanding I have been mightily em-
barasscfl by a sett of Quakers, who broach doctrines so monstrons as
their brethren in England have never own'd, nor indeed can be suffered
in any Government, they have not only refused to work themselves, or
suffer any of their servants to be imployed, in the Fortifications, but
affirm, that their consciences will not permitt them to contribute in any
manner of way to the defence of the Country, even so much as trusting
the Government for provisions to support those that do work, tho' at
the same time they say, that being obliged by their religion to feed their
Enemy's, if the French should come hither and want provisions they
must in conscience supply them. As this opinion of theirs is quite dif-
ferent from their practice in Carolina, where they were the most active in
taking arms to putt down that Government (tho they now fly again to
the pretence of Conscience to be excused from assisting against the In-
dians) I have thought it necessary to put the Laws of this Country in
execution against that sect of people, which impower me to imploy all
pei"sons as I shall see fitt for the defence of the Country in times of dan-
ger, and imposes fines and penaltys on their disobedience ; I doubt not
they will sufficiently exclaim against me on this occasion and perhaps
their brethren in England who keep a joint stock (as tis said) to to prose-
cute the Quarrells of all that sect, may think iitt to attack me; but I am
persuaded I shall not incur my Sovereign's displeasure so long as I act
by the Rule of Law, and it is absolutely necessary to discourage such
dangerous opinions, as would render the safety of this Government pre-
carious, since every one that is either lagg or cowardly would make use
of the pretence of Conscience to excuse himself from working or fighting
when there is greatest need of his service and I fear the Quakers would
find too many proselytes on such occasions.

As soon as I was informed of this fatal accident in Carolina I prohibited
all Trade from this Country with the Lidians finding they were lietter
provided with ammunition than we ourselves, and had the Government
of Carolina made the same step when this Country had a dispute with'
those verv ludiaus, about a mui'dcr committed hei'e some vears ago, It is

COLONIAL RECORDS. 813

very probable they might have been more caiitiouH of falling npon
any of her Majesty's plantations when they found we espoused one
another's quarrels but the tameness of this Government in passing over
tliat affair, and the constant supplys they received from Carolina of
powder, shott and other necessarys, notwithstanding the representations of
this Government, made them believe we were under distinct sovereigns
as well as Governors and that we would no more assist Carolina than
they us. I have also sent to demand the releasement of the Baron de
Graftenried who by our advices was still alive but supposed only reserved
for a more solemn execution, to be tomahawked and tortured at their first
publick War Dances.

I am with all due respect,
My Lords

Your Lordships

Most dutifull and most

obedient humble servant v^

A. SPOTSWOOD.
Virginia ()ctol)er 15"' 1711.

(Endorsed)
Ret

'^'' I 29'
ead J

j,^^^.29-NovM711.

[From the MSS. Rr.coRns of the Friends Monthly Meetings in Pasquotank

Precinct.]

At a Monthly Meeting liold in Pasquotank at Newbegun Creek the 16""
of the 9th Month 1711 The friends appointed to visit Ephram Overman
have discoursed him concerning his forwardness in assisting the Souldiers
to defend himself and others with carnal weapons contrary to our known
]irinciples the which after further Consideration he acknowledged to be
an error in him and hoped for the future to take better care and walk
more circumspectly

Also Thos Robinson and Sarah Symonds published their intentions
of marriage the second time Nothing apeared against it Therefore friends
leaves them to their Ijiberty to Compleat the Same Also William f^veri-
gin & Elizabeth Henley Declared their Intentions of Marriage it being
the first time friends appoint Henry Keaton & John Symons to enquire
iijtd his life i^' Conversatidu and Clearness in respect of Marriage

814 COLONIAL RECORDS.

[From Spotswood Letters. Vol. 1. p. 120.]

Virginia, 15th Oet()l)er, 1711.
To my Lord Dartnioutli :

My Lord:

* ^ ^: t- * * *

I endeavoured to make our last A.'^.sembly .sensil)le of the naked Con-
dition of their Country, but the expence appearing to them much more
imediate than tlie danger, they were Easily influence by their Low Cir-
cuni.stances to defer the condition thereof; however I prevailed on them
to revive in the meanwhile a former Law made for the defence of the
Country in times of danger, and by virtue of that Law, I have carried
on the above-mentioned Works during the late Alarm, Notwithstanding
I have been mightily Embarrassed by a sett of Quakers who broach
Doctrines so monstrous as their Brethren in England have never owned,
nor, indeed, can be suffei'ed in any Government. They have not only
refused to work themselves, or suffer any of their Servants to be em-
ployed in the Fortifications, but affirm that their Consciences will not
permit them to contribute in any manner of way to the defence of the
Country even so much as trusting the Government with provisions to
support those that do work, tho' at the same time they say that being
obliged by their Religion to feed the Enemys, if the Fz'ench should come
hither and want provisions, they must, in conscience, Supply them. As
this Opinion of theirs is quite ditt^'erent from their practice in Carolina,
where they were the most active in taking arms to pull down the Gov-
ernment, tho' they now fly again to the pretence of Conscience to be
excused from assisting against the Indians, I have thought it necessary
to put the Laws of this country in execution against that Set-t of people,
which impowed to employ all persons as I shall see fltt for the defence of
the Country in tiraesof danger, and impose fines and penaltys upon their
disol)edience. I doubt not they will suHiciently exclaim against me on
this Occa,sion, and perhaps their Brethren in England, who kcej) a joint
Stock to preserve the cpiarrells of all the Sect [who] may think fitt to
attack me, l>ut I'm persuaded I sliall not incur my Sovereign's displeas-
ure so long as 1 act by the Rule of Law, and it is absolutely neces.sary
to discourage such dangerous Opinions as woidd render the safety of the
tJoverinnent precarious. Since every one that is either lazy or Cow-
ardh' would n^ake use oi' the pretence of Conscience to excuse himself
from working or fighting when there is greatest need of his service, and
I fear the Quakers would find too many proselytes on such Occasions.

COLONIAI. RECORDS. 815

[B. P. R. O. Journal Va. Council.]

24. October 1711.
The Governor this day ac'(jiiainted the Council that pursuant to the
Resohitions on the 15"" instant he had met the Deputys of the Tuscaruro
Indians at the Nottoway to\vn, and had made the demands then agreed
on; That he found the said Deputy s very desirous to continue in peace
with Her Majesty's subjects as well of this Government as of Carolina,
and well enough inclined to enter into a war with the Indians concerned
in the late Massacre, upon promise of a reward of six blankets for the
head of each man of the said Indians killed by the Tuscaruros, and the
usual price of slaves for each woman and Child delivered captives, but
that they desired time till the 20"" of the next month to consult with their
respective towns and had promised to come to Williamsburgh against
that time or within five days thereafter with a final Answer both as to
their e'ntring into the said War and their delivering Hostages for their
Fidelity.

[From Calendar of Virginia State Papers. Vol. 1. p. 151.]

26'" October 1711
Loving ifrieud,

* I have sent pr: Rob' flendall some bills of Ex'' viz, t)ne l)ill for £20
and another &c *********

I suppose thee hast heard of y° Mafecre we had here w'" y* Indians,
they have Kill'd about 100 people and have taken prifoners ab' 20 or
30, we are foi'c'd to Keep garisons and watch and Gard, day and Night,
w"" I suppofe, you have it all at large before now — I del'ire thee to send
me a line pr: y^ first op'unity and in Soe Doing, thee will obledg him
wiiat is

Thy reall tt'riend

FFARNIFULL GREEN.

8i() COLONIAL RECORDS.

[B. P. K. O. B. T. Virginia. Vol: 13. O. 118.]

COLONEL SPOTSWOOD TO THE BOARD OF TRADE.

VlRCUNlA Xoveniber 7"' 1711.
My Lords,

The last lettci' I had thc' lunioiir to write to your Lordships of whidi
tlie inclosed is a copy gave an account of my intended progress to our
Southern Frontiers to meet the deputys of the Tuscaruro Indians. Ac-
cordingly having di-avvn together to Nottoway town against the time
appointed the Militia of the three neighbouring Countys consisting of
upwards of 1600 men; live of the great men of that Nation arrived
very opportunely just at the time I had brought the Militia under some
discipline; and were not a little surpi-ized to find there so great a body
of men in such good order. After entring into Conference with them I
found both by their discourse, and also from what my Messenger assured
me of his observations while he was in their Towns, that they were very
desirous to continue in peace with this Government and .seemed much
concerned that any of their Nation should have joined in the Massacre
in Carolina. I then propo.sed to them either to carry on a war against
those Indians upon the promise of rewards to be ])aid them, or to join
with her Majesty's Subjects of Carolina for extirpating those Assassins,
and that for the better assuring us of their future good behaviour they
should deliver tMO children of the great men of each town to remain as
Hostages and to be educated at our Colleges. But as they had no
Authority to conclude anything without the concurrence of the re.st of
their Nation, they desired time to informe their Townes and promised to
retm*ne with an Answer by tlie 20"' of this month and I'm in great hopes
to obtain what I have proposed hy the readiness they liave already
showed in this meeting, as well as their frankness in procuring tlie lib-
erty of the Baron de Gratfenried upon the demand I made of him, who
was to be conducted home to Carolina the next day after my Messenger
left their Country.

The delivering their children as hostages will not only prove the most
etfectual secui-ity for their Fidelity, but may be a good step towards the
Conversion of that whole Nation to the Christian faith and I could not
hope for a more favourable Conjuncture to meet this demand than now
when they are under great apprehensions of our Resentm'" for the late
Barbaritys committed in Carolina, and the impressions made on them by .

COLONIAL KKCORDS. ,S17

tlie appearance of so great a force as 1 tlien show'tl tlieni. I took this
occasion to renew a Proposal I formerly made to our tributary Indians
for sending some of their children to he brought up at the College, and
though it has hitherto been judged a matter so impracticable that the
Governors of the College have thought it in vain to attempt it and have
chosen rather to be at a great expence for Iniying Indians of remote Na-
tions taken in War, to be educated In pursuance of a Donation left for
that purpose by M"' Boyle, yet I have prevailed so far by ottering to re-
mitt their whole tribute of skins so long as they kept their children at
the College, that the King of the Nansemonds has alreadv sent his son
and Cousin, the Nottoway and Maherines have sent each two of their
Chief mens sons to be brought up to Learning and Christianity; and the
Queen of Pamunky upon seeing how well those Indian children are treated
has engaged to send her son and the son of one of the Chief men upon
the same Foot and I also expect another boy from the Chickahominys.
As the remitting their Tribute is one of the conditions for their keeping
their children at the College, and I believe a strong motive to engage their
compliance, so if it should happen to be disapproved and revoked by suc-
ceeding Governors, because it lessens their Income, it may occasion their
recalling their children and consequently prove a discouragement to the
design of their conversion. And therefore I humblv oifer to vour Lord-
ships consideration that her Majesty may be moved to signify her Appro-
bation of my yielding this branch of the Governor's percpiisites, and if
that be thought too great a prejudice to ^my suc(;essors I shall if your
Lordships think iitt, propose another Fund by which her Majesty may
be enabled to give an equivalent for this Loss, which I shall beg leave in
that case to lay before your Lordships and I hope the Example I have
sett, with what I have recommended in my speech to the Assemblv on
that subject, will prompt them to settle some Fund towards the Educa-
tion of the Indians, since that already given to the College by the de-
ceased M"' Boyle, will be too small for the maintenance of so great a num-
ber as are like to be there in a short time.

That your Lordships may be informed of the aft'airs under the consid-
eration of this Assembly I take the liberty to inclose a cojjy of mv speech
at the opening this Session, and shall by the next opportunity (which I
expect in a short time) give your Lordships an exact account of their pro-
ceedings, together with the progress of my negotiations with the Tusca-
ruro Indians, which I'm now obliged to break off l)y reason of the sud-
<len departure of the ship, in which this is intended

• 99

SIS COLONIAL RECORDS.

I am with all clue respect

jNIy Lord,

Your Lordships

Most dutifidl and most

Obedient Humble Servant.

A. SPOTSWOOD.

(Endorsed)
Reed 24*" Ma V 1 ,-,,.
Read 11'" Dec' j^'^^

[B. P. R. O. N. C. B. T. 7. p. 48.]

At his Grace the Duke of Beaufort's House

Nov-^the 1711

Present

John Mauley K"^ for his Grace the

Duke of Beaufort
Maurice Ashley Esq
S"' John Colleton Bart.
John Danson Esq"
Read a Letter from his Grace the Duke of Beaufort where he returns
their Lord^" his thanks for choosino; him their Palatin & that he do's ac-
cept of the same.

Col' Thos. Gary was called in to answer the accusation against [him]
at the last Board and then CoP Gary's answer was read.

Ordered that the Secretary prejiare a letter to the Board of Trade to
desire their Lordships to inform them what accounts they have received
from Virginia relating to the incursions of the Tuscjneroro Indians in
North Carolina etc

COLONIAL RECORDS. SIJJ

LB. P. R. O. N. C. B. T. 7. p. 49.]

At hi.s Grace tli? Duke of Beaufort's House

Xov'y^ 20* 1711.

Pre.sent

John Manley Esq" for his Grace the

Duke of Beaufort
The R' Hon"' John Lord Carteret
Maurice Ashley Esq"*
Sir John Colleton Bart.
Col' Cary appeared at the Board to answer the accusation of M"" Hyde
on which it was ordered that the particular facts relating to Col' Gary's
accusation be abstracted out of M'' Hyde's letter and delivered to Col'
Gary in 3 or 4 days time.

Adjourned till this day fortnight

[From Calendar of Virginia State Papers. Vol. 1. p. 154.]

Vergeney — ff :

To y' Right Hon'''^ Alloxauder Spottswood, her Majestys' Leftenant
GoveriKiur of y' fd Colli )ny, and y" Reft of y'" moft Hon'''' Councill of
State—

The hnnilile pe'tion of y' pore diftre^Ted inhabitants of Xuse River in
***** CdHiity in North ('arolina most humbly sheweth y'
Excellency —

Tliat wharas there hath by y* pcrmition of Allmighty God for our
I'ins and Disobedance : bin a molt horred Mafecre Committe<l by y"^ tuf-
karora Indans upon her Majestys' pore Subjects in y* sd : province of
North Carrolina, and we her Majestys' pore Subjects who by gods' prov-
idence have survived, are in Continuall Dread and Do sutfer Davlev De-
Itruction in our stocks and horses and fencing being burn'd — which if not
speedally prevented, wee mult all Likewife Perrifh with our brethern,
for we have not forse, nor Indeed any speedy care taken to prevent it in
our Country — But for as much as we are her Majesty's subjects, and
Ready at all times to be obfervant to her Majestys' Royal Commands :
We do therefore with (tne voyse, knoweing yo" Excelancys' Care and
paternal Tendernel's towards all her Majestys' Subjects, moil Huiiiblev

820 COLONIAL RECORDS.

i)eseof'h and Implore yo'' Hon'' as you tender the wellfare of her Majestys'
pore Subjects, forthwith to send to our Releafe I'um Conf iderable forse
of men, armes and ammunition to Detect y" Barbarous Infolvency of
thofe Rebelous Rogues, and as for provif ion, we ar Ready to y" utter-
raoft of our abilety to ai'fist y' ariuey If y^ Excellency pleases to fend
them — which wee fhall Dayley pray for: So hoping y"^ Excellency will
take into y"^ sage Confideration our Deltreffed Condition, we y"^ pore
petioners as in Deutey bound shall Ever Pray —

BEN J: SIMSON THOS: DAWSON

JNO: GEORGE ERA: HILL

* * * * ROGER HILL

WILL * * * FARNIFOLD GREEN

WILLIAM HANCOCK TH° WELSON

JOHN SLOCUM JAMES BLOUNT

MARTAIN HOPKINS ADAM FFERGISON

WILL: PRICE ADAM FFP^RGISON JUR :

RICHARD HILL ROB' M'ATTSON

ROB' BRUSE

And manv others

[Extracts from Journal of South Carolina House of Assembly.]
[Page 584—339 origiual.J

Friday Oct. 26"' ITU.
House met. '

Mr Speaker aequainted the House that the Gov"" gave him two letters
relating to the affairs of North Carolina, & recommended them to the
consideration of the House of Commons.

[Page 340 in original.]

Ordered ;

That the .said Letters be read, wliich were read accordingly & the
House taking them into debate.

Resolved; That it is the opinion of this House that the inhabitants of
Nortii (^'arolina in their present (iepl(H'al)lc circumstances should lie aided
and assisted by this (lovernment.

I Page .58.i— ;M0 original. |

Mr Speaker & Gentlenien ;

"We are heartily glad that the Resolution of yr. House is so agreea-
ble to ours, & that those good intentions may the .sooner be put in execu-

COLONIAL RECORDS. .S21

titiu, we (U'sirc tluit Vdii wdiiUI sju-cdily pi-opdse u iiK'tliod to uiiswer the

end wo aim at, the relief of (iiir poor distressed Bretiii'en ot" Nortii

Carolina.

ROBERT GIBBES.

(Tentlemeii ;

The chief cause oi' mv ealliiiji' you tog-etlier at tliis time is to acquaint
yon of & lay before vou the aeet we have from the Cov"" & Government
of N. C. the dismal & deplorable conditi(in the Liliabitants thereof now
labour under, & desire, as they are subjects of the same (^ueen Tenants
to the same Ijords Prop'''^ Christians and Neighbors we will speedily ct
willingly aiford them our assistance, & lieartily entreat us to send them
a number of Indians with all dispat(;h, else they must desert the place
which I think as Christians & to the relief of the Queens subjects & our
fellow tenants to our Lords Prop''" ^ve are in conscience & duty bound to
do. I therefore desire we may consider & resolve on the best ways &
(means) methods possible, & that with all expedition we may send to
them relief & assistance, A particular ace' thereof refers you to Mr

Gale.

***** ROBERT GIBBES.

Ordered; That Capt Benj. Qnelch, & Mr Benj Godin Carry the fol-
lowing message to the Governor & Council.
May it please Yr Htjn""'

As this House has now met [Page 586 — Original 342] according to Yr
Proclamation, & upon due Consideration of the deplorable Circumstances
of the Inhabitants of North Carolina hath also sent your Hon'' our reso-
lutions that they should l)e aided ct assisted by this Government. So this
House waits Yr Hon" proposals for the best & most speedy ways & means
to effect the same which will be readily seconded by this House, in a con-
currance suitable to the passing occasion thereof.

Saturday Oct. 27"^ 1 TIL

A message from the Gov"" & Council by Thos. Hepworth Es(|i-. with
the following message i'n writing.
Mr Speaker and Gentlemen ;

This House having Considered of Yr. message sent to us last night,
we are of opinion that a Sufficient numl)er of warlike Indians (such as
lies most Convenient to this expedition) be immediately raised with a
proper officer or officers appointed to command them; that a sufficient
quantity of arms & ammunition be provided, & that all due encourage-
ment l)e given to bring this Necessary war to a hajipy conclusion in which

this House will readilv concur with vou.

ROBERT GIBBES.

822 COLONIAL RECORDS.

[Page 587— Original 343. J

Friday Nov 2°" 1711.

The House met.

Capt Thos. Nairne prayed leave to lay before the House an estimate
of charges necessary to carry on an expedition to relieve the Inhabitants
of N. C.

Ordered; That the said Capt. Nairne lay this before the House which
he read in his place & delivered in at the Table.

Whereupon ; The House taking under debate the charges and expenses
to be applied for relief of North Carolina i^" the question being whether
a sufficient sum of money not exceeding the sum of four tluiusand pounds
be inuuediately raised for that purpose.

[Page 344 original]

Carried in the affirmative —

Ordered; That Col. Logan, Col. Hugh Grange, Col. Alex Parris Col.
John Fenwick & C^apt Thos. Nairne or any .3 of them be a Committee
to C'Om])ute purchase & procure the necessary stores for an expedition
ag"' the Tus(jneroras pursuant to the resolution of this House, cVr that
they make their report thereon, this aftei'UMon.

I Page 588— Page 344 original. ]
Ordered; That Maj. Gale be sent for, & that Mr Speaker incpiire of
him whether the Government of North Carolina can providi' a .sufficient
quantity of provisions for the return of our forces, at the determination
of tlic expedition as also what stores of Powder & Shot that Gover' can
furnisli our forces with (who ap])earing accordingly & being asked by
]Mr Speaker the foregoing questions) answered & undertook upon him-
.self on behalf of the Govei'nnient of North Carolina, that he would
provide & then should be got ready fifteen liundred Inisliels of corn for
the supply & return of t>ur forces, as also six barrels of Powder tt an
equivalent (piantity of Bullets <t Swarm Shott & then withdrew.

[Page 345 in the original.]
Ordered ; That the Committee a]>pointed to purchase & prepare the
necessary stores for the expedition again.st the Tu.sqneroras l)e a Conunit-
tee to prepare Letters & Instructions to be given to tiie Indian Traders
for the said expedition & that inai<e rejxirt thereof to-iuori'ow in tlic
afternoon.

("()L()NIAI> R,h:C()lU)S. ,s2n

S ATUROA Y Nov ;>'^'' 1711.

The House met aeeonliiig to adjouriiiiient.

I Page 340 in ongiual.J
Upon motion.

Ordered ; That tlie oiler of the chief C'ai)tain of tJie l'oree.s to he raised to
march ag^' the Tusqueroras be made to Jiio. Barnwell Esi^r. which the
Speaker having accordingly made: The s* John Barnwell answered the
House that lie thanked the House for the offer & that he would accept
the same.

Resolved ; That Jno. Barnwell Esqr. be commandei- in chief of the
forces of white men & Indians to be raised to march against the Tusque-
roras & other Nations of Indians now in rebellion ag"' the Government
of North Carolina.

The committee appointed to purchase & prepare the necessary stores
for the ex})edition against the Tusqueroras, & to prepare Letters & In-
structions to be given to the Indian Traders &e prayed longer time to
make their repcjrt.

Ordered ; Tliat the said Committee have farther time to Monday next.

Ordered; That an humble address be sent to the Lords Prop" of Car-
olina, therein to lay before them the great mischief & danger to this
Province by the intrusions & apjiroachments of the Virginia Traders
Trading with the Indians living within the limits of & in amity with
this Govern* & that their Lordships by asserting their just rights [Page
590 — Page 347 original] therein would be pleased effectually to prevent
& suppress the same for the future : As also to address their Lordships
that they would be pleased to bear some part of the great charge which
will arise to this province by tiie intended expedition ag'' the Tusqueroras
& other nations of Indians now in rebellion against the Government of
their Lordships Province of North (Carolina.
Ordered ;

That Capt. Quelch, ('apt. Tho' Nairne & .Jno. Barnwell Esqr. Be a
Committee to dnnv uj) the said address & that they bring the same into
the House next Tuesday in the afternoon.

Tuesday Nov. (j"' 1711
The House met according to adjournment.

Read the first time a Bill for raising tiic sum of four thousand pounds
&c and past with amendments.
Ordered ;

That Col. John Fenwick tt Capt. Thu' Xairne cai'ry the foreg()ing
Bill to the Gov" & Council.

824 COLONIAL RPX'ORDS.

[Page 591— Page 348 original.]

Wednesday Nov. 7"' 1711

The House met aecurding to adjourmuent.

Read the petition of Edniiuid Ellis praying to be admitted C'hynir-
geon for the expedition against the Tusqueroras.
Ordered :

That the choice of a Chyrurgeon be referred to tlie clioice & discretion
of Jno. Barnwell Esqr. Commander in Chief of the said expedition.

[Page 349 original. J
Read the second time the Bill for raising the sum of four thousand
pounds &c and past with amendments.

[Page 592. J

Ordered ; That Col. John Fenwick & Jno. Barnwell Es((r. carry the
3 foregoing Bills to the Governor & Council.

The House adjourned to 3 o'clock in the Atleriioon.

A message from the Gov'' & Council by Tho' Hepwoi'th E.sqr. who re-
turned the Bill for raising the sum of four thousand ])ounds ttc & the
additional Bill for cutting & making a path &c, both marked with a
second reading.

[Page 350 in the oi-iginal.J
Ordei-ed ; That Jno. Barnwell Esq. i*e C*a|)t. IVtcr Mann carry tiie fore-
going Bill to the Governor & Council.

[Page 594 — Page 3.53 in the original.]

Thx'rsday. Nov. S"^ 1711.
May it please your Hon"

The provision for relieving the Inhabitants of North Carolina being
so far advanced tliat it is neces.s;iry tiiat the (Jovci'inn' should receive in-
telligence thereof as soon as conveniently may be. And tiie agent
from thence having engaged himself to supj)Iy our forces with .stores of
ammunition, Corn tVr other necessaries, ^\'e therefore i)ray your Hon"
to despatch thtj s* agent with letters to that (iovcrnmcnt in such a small
ve.ssel as your Hon'' shall think convenient for tiiat purpose tlie charges
tliereof the said agent hath undertaken to see defrayed, in wiiich letters
we desire your Hon'' to signity to that Governm' among other tilings, the
great charges this Province is under in the pre})arations wc make to I'e-
lieve them, cV: tiiat wc promise ourselves to be reind)iu'sed by tlio.se we
relieve: We think it further necessary to have frequent intelligence be-
tween this Port & North Carolina, during the time our forces are absent
on this expedition, tVr therefore pray your Hon''^ to take up <t employ at

COLONIAL RF/X)RnS. 825

the piiblifk (■linrt!;e a fit vessel for tliat purpose, as often as it sliall appear
useful to the expenses of whieli this House will always readily contribute.

(Page 598— Page 35T origiual.J

Saturday Nov. 10, 171L
The House met.

Ordered; That Tho' Nairne Esqr. & Col. Hugh Grange carry the fol-
lowing Bills to the Governor & Council.

A Message from the Gov'" & Council by Tho^ Hepworth Esq. who
brought Letters to be perused by this House, \vhich are to l)e sent to the
Governm' of North Carolina.

Eead, the 3^ time, the Bill for raising the sum of four thousand pounds,
& past into a Law.

A LETTER FROM MAJOR CHRISTOPHER GALE.

[From Nicholls' Literary Illustrations — Reprinted from Hawks's History
OF North Carolina.]

Charleston S. C.
November 2 1711.
My Dear:—

I cannot omit, by all opportunities, to inform my second self that you
have still living in a brother the most faithful friend that ever was,
though perhaps by as signal a hand of Providence as this age can demon-
strate.

I will not trouble yon with repetitions, but I'efer you to the after-
written memorial which I laid before the government, and shall onlv
acquaint yoii how far I had been concerned in the bloody tragedy, if kind
Providence had not prevented.

About ten days before the fatal day, I was at the baron's, and had
agreed with him and Mr. Lawson on a progress to the Indian towns ; but
before we were prepared to go, a message came from home, to inform me
that my wife and brother lay dangerously sick ; which I may call a happy
sickness to me, for on the new^s I immediately repaired home, and thereby
avoided the fate which I shall hereafter inform you.

The baron, with Mr. Lawson and their attendants, proceeding on their

journey, were,*on the 22** of September (as you will see by the memorial)

both barbarously murdered ; the mat, on which the baron used to lie on

such like voyages, beine; since found all daubed with blood, soas wesup-

. 'lOO

820 COLONIAL RECORDS.

pose him to have been quickly dispatched. But tlie fate of Mr. Lawson
(if our Indian information be true) was much more tragical, for we are
informed that they stuck him full of fine small splinters of torchwood,
like hogs' bristles, and .so set them gradually on fire. This, I doubt not,
had been my fate if Providence had not prevented; but I hope God
Almighty has designed me for an instrument in tlie revenging such inno-
cent Christian blood.

On Sunday, October "21, I arrived here in the (piality of an agent, and
in order to procure the assistance of the government to destroy our ene-
mies, which I doubt not in a little time to effect. The family I left in
garrison at Bath town, my wife and brother pretty well recovered ; but
Nvhat has happened since, I know not. Two days after I left the town,
at daybreak (which is the Indians' usual time of attack), above 100 guns
were heard, which must have been an attack made by the Indians upon
some of our garrisons, which are in all eleven in number ; but cannot
hear the success of it, though a small vessel ciimc from the out part of
our government there the other day, by which I have the following nevs :
that on my coming away, Captain Brice detached from our out-garrisons
fifty men, and in the woods met with a body of Indians, who fought
them three days, and forced them at last to retire into their garrison.
The Indians lost in this engagement fifteen men, and Ave took two, one of
whom was killed by one of our men. During this engagement, another
body of the Indians, being advised that the garrison was weakened by
this detachment, came and attacked the garrison, and at the same time a
number of Indian prisoners of a certain nation, which we did not know,
whether they were friends or enemies, rose in the garrison, but were soon
cut to pieces, as also those on the outside repelled. In the garrison were
killed nine Indian men, and soon after thirty-nine women and children
sent off for slaves. This is the ct)ndition we at present labor under. I
shall not trouble you with :i particular relation of all their butcheries,
but shall relate to you some of them, by which you may suppose the
rest. The family of one Mr. Nevill was treated after this manner: the
old gentleman himself^ after being shot, was laid on the honse-fioor, with
a clean pillow under his head, his wife's head-clothes put upon his head,
his stockings turned over his shoes, and his body covered all over with
new linen. His wife was set upon her knees, and her hands lifted up as
if she was at prayers, leaning against a chair in the chimney corner, and
her coats turned np over her head. A son of his was laid out in the
yard, with a pillow laid under his head and a bunch of rosemary laid to
his nose. A negro had his right hand cut off and left dead. The master

COLONIAL RECORDS. 82-

of the next lioiise was shot and liis body laid flat upon his wife's grave.
Women were laid on their house-floors and great stakes run up through
their bodies. Others big with child, the infants were ripped out and
hung upon trees. In shoi't, their manner of butchery has been so various
and unaccountable, that it would be beyond credit to relate them. This
blow was so hotly followed by the hellish crew, that we could not bury
our dead ; so that they were left for prey to the dogs, and wolves, and
vultui-es, whilst our care was to strengthen our garrison to secure the
living.

The ship by which this comes is ready to sail, so cannot enlarge; only
desire my duty may be presented to my father and mother, my sincere
love to yourself and l)rothers, and service to all friends, hoping for a
speedy answei' to my last by Madam Hyde, is what offers from
Your sincerely affectionate bi'other,

CHRISTOPHER GALE.

FROM CHARLES TOWN, CAROLINA.

The Memorial of Christopher Gale from the Government
OF North Carolina,' to the Honorable Robert Gibs, Gov-
ernor AND Commander-in-chief, and to the Honorable
CoiTNCiL AND General Assembly.

. To lay before your honor the prospect or representation of as promis-
ing a country as was ever watered with the dew of heaven, would take
up more time than the present exigency of the affair I am now set upon
would give me leave; but much more time, and a hand more skilful,
would be requisite to give you a view of the calamities and miseries of so
fine a country laid waste and flesolate by the most barbarous enemies : I
mean the Corees and Tuscarora Indians.

Although I shall not use much eloquence to implore your aid and as-
sistance in revenging such injuries, causes of that nature when truly
stated being their own best orator; yet, I presume, I have all the advan-
tages that may be of making a true rejjresentation of that affair to vour
honors, being an inhabitant of Beaufort })recinct, where a great 2>art of
this hellish tragedy was acted. I shall, therefore, inform your honors,
that on Saturday the 1^2'' of Septeral)er last, was perpetrated the grossest
piece of villainy that perhaps was ever heard of in English America.
One himdred and thirty people massacred at the head of the Nuse, and
on the south side of Pamptaeo rivers, in the space of two hours; butch-
ered after the most l)arbarous manner that can Ix; expressed, and tlicir

828 COLONIAL RECORDS.

dead bodies used with all the scorn and indignity imaginable; their
houses plundered of consiueaiuie riches (being generally traders), then
burned, and their growing and hopeful crops destroyed. What spectacle
can strike a man with more horror and stir up more to revenge, than to
see so much barbarity practised in so little a time and so unexpectedly?
And what makes it the more surprising, tluit nefarious villainy was com-
mitted by such Indians as were esteemed as members of the several fam-
ilies where the mischiefs were done, and that with smiles in their coun-
tenances, when their intent was to destroy. I must inform your honors
that the governors of North Carolina are not in a condition to take a full
(I might say any) satisfaction on the enemy, nor to prevent their further
progress, by reason their neighboring Indians are not to be relied on for
any assistance, but rather to be feared they would be prejudicial in any
expeditions ; if not joined with the enemy as we have good reason to
judge by their behavior both before and since the act was committed :
therefore a strict and jealous eye is necessarily kept over them by the
government, and our whole country drawn into gari-isons to prevent mis-
chief that wav, which very much hinders the getting men into a body to
pursue the enemy, who arc at present between two and three hundred
eifective men, and above one thousand women and children ; and I believe
vour honors will be of opinion, that it is altogether impracticable to
attempt such a body of men, flushed with their first success, without
Indians who are acquainted with their manner of fighting. Wherefore,
on behalf of the government of North Carolina, by which I am em-
ployed, I earnestly entreat your honors to permit and encourage so many
of vour tributarv Indians as you think proper, to fall upon those Indians
our enemies, whose families are since fled down to the seaboard between
Weatuck and Cape Fare rivers, whilst their men are still ravaging and
destroying all before them, within sight of our garrisons ; that by your
assistance exemplary justice may be done to such barbarous villains as
have laid waste and desolate such a flourisliing part of the lords proprietors'
countrv, and which, without your speedy relief, will be wholly deserted. If
any Indians are found innocent of that massacre and will assist in the de-
struction of those inhuman wretches, care will be taken to distinguish those
from the rest; but I very much fear that upon strict inquiry, it would be
found that the whole nation of the Tuscaroras (though some of them may
not vet be actors) was knowing and consenting to what was done; and
that the success of those already in motion, if not put a stop to, will at
last induce the rest to join with them in carrying on these bloody designs.
Beside the dailv expectation of a considerable number of Senekoes [Sene-

COLONIAL RECORDS. X2V»

cas], which \vc arc certainly infonnc<l are coining' to cohabit with tlie
Tuscaroras, our enemies, this winter, and become one nation, whicli in
time may affect our neighboring governments as well as us. I firmly
pei'suade myself that so much prejudice as tlie lords proprietors will re-
ceive by that fatal blow, the barbarous murder of so many of our fel-
low-subjects, among which lunuber is the Honorable Baron de Graffen-
ried, a landgrave of Carolina, and a member of the council, Mr. Lawson
the surveyor-genei'al, with divers others of note, will excite your honors'
compassion toward such a country and hasten your assistance and relief.
I am, with all respect.

Your honors' most obedient, humble servant,

CHRISTOPHER GALE

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

The Proceedings of the Vestry foi' precinct of Chowan in the County
of Albemarle in the provence of North C^arolina met at the Hon"''" Co"
Hyde's then president.

Present

The Hon"» Edw^ Hyde Esq' prs*'

The Hon"'' Thomas pollock Esq''

William Duckenfield, Esq'

The Hon"' Tho' Peterson Es(]'

Mr Thomas Luten

M' Edward Smithwick

Mr Jn» Bird

Mr Thomas Lee

M' John Walker.
Ordered Imprimis —

That there be allowed and raised in the Said precinct of Chowan forty
five pounds, and paid by the hereafter named and appointed Church
Wardens to Rev'* Mr Urm.ston for liaving officiated in this pi-ecinct from
the time of his first Coming into tiiis Govennn' till the 25"" Instant in
the Commodities appointed by the Vestry Act.

Ordered that the Hon"' Thomas Peterson Esq' and Mi- Thomas I^ee
be and are hereby chosen and appointed Cliurch Wardens for tiie year
ensuing the Date hereof and that they levy, raise, and Collect all sums
appointed to be rai.sed for the use of the parish, and that tliey l)c allowed
for there So doing after the Rate of 20' p' C

830 COLONIAL RECORDS.

That the Ten pounds Sterling given by Co" Nicholson and now in the
Hands of Mr Edward Moseley be demanded and received by the afore-
said Church Wardens.

That for want of the Act of Assembly for regulating of Vestries
• Establisliing the Church and making provision for Ministers and the
Vestry Book with the Late Church Wardens Accounts. Another Ves-
try be held at the Hon"^ the p''sid'' tlie first Day of Jan''^ next ensuing
and that the late Church Wardens ])e warned to attend there and tlieu
to give up their accounts.

EDWD HYDE THOS LEIITON THOS LEE

THOS POLLOCK EDWARD 8MTTHW1CK JOHN WALKER
THOS PETERSON JOHN BIRD

1712.

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

CHOWAN PRECINCT

At a Vestry held at the Houo'''^ the p''sidents the P' Day of Jan'^
ITU

Present.
The Hono"' the president M' Jn" Bird

The Hono"'^ Tho^ Pollock Esq' M' Tho= Lee
The Hono""' Tho' Peterson E.sq'- M' Jn° Walker
Wm Duckenfield Esq'
M' Edward Smithwick.
Ordered then that the Hono''^ the p'sideut be luimbly requested to
issue his Warrant to tlie several Constables of this p'cinct, to take a list
of the Tythables within their charge, and bring in the same or make
Return of the same to the Hono'''' the p'sident within the space of one
Month after the Date hereof —

Ordered that tiie Hoiu?''' Tiiomas Peterson Esij' togetlier with M'
Thomas Luten be desired to take M' Moseley's account of liis late Oftice
of Church Warden for this precinct.

Ordered that the Reverend M' Unustdn he allowed for ofHciatiug in
this precinct, the year following conmiencing from the twenty-fifth of
December last past at the several times and Places hereafter mentioned.
Seventy pounds to be levied and paid as the act of Assem])ly fi)r estab-

COLONIAL RECORDS. M\

li.shing' the Churcli and making provision for Ministers doth appoint
and direct dated March y' IS'" 17ff- Viz' One Sunday on the South
Shore, the two next Sundays on the Western Sliores ahernately.

Provided always that he officiate the fourth Sunday on the other side
opposite to that where he officiated the two foregoing Sunday's and tliat
he provide a passage at his o\vn Cost and Charge.
JN" URMSTON MISS^^ THOMAS POLLOC^v

EDWARD HYDE JOHN BIRD

THO PETERSON ) Church JOHN WALKER

THOLEE / Wardens EDWARD SMITHWICK

WILLIAM DUCKENFIELD

[From N. C. Letter Book. S. P. (J.]

BISHOP OF LONDON TO THE SECRETARY.

(EXTKAUT.S.)

FuLHAM, 12th January, 171 1-12.
Sir:—

As to the letter of Baron Gratfenreid, whereby you may perceive that
they are all ready to conform to the Chunrh of England : if the society
will be pleased to allow a stipend for a chaplain to read Common Prayers
in High Dutch, I will endeavor to provide one so soon as I have their reso-
lution, which I would willingly hear so soon as possible, that I may send
him over with Mr. Rainsford.

I am, sir, yours, etc.,

H. LONDON.

[B. P. K. O. N. C. B. T. 7. p. 52.]

Craven House Jan-^^' 24'" 1711-12
Present
The Rt. Hon"'^ The Loi-d Carteret
Maurice Ashley Esq"
Sir John Colleton Barr'
John Danson Esq''
Some Merciuiuts desired to be heard by tlieir Council who were called
in and heard They alleged tiiey had received losses In- the Government
of North Carolina & Roach as is alledg'd went over a factor from some

832 COLONIAL RECORDS.

Men-haiits witli cft'ects to l)c disposed of" there whicli ctt'ects are seized hv
M"" Hyde and liis party. The Board did resolve tliat all reasoualjle eare
should be taken, that the goods seized by Gov' Hyde or his order should
be restored as far as legally they can be.

A Representation from the Merchants relating to that eti'ect abovesaid
was read.

xldjourned till next Tuesdav.

Craven House Jan'^ y' 29'" 1711-12.
Present

Lord Carteret

Sr. Fnlwar Skipwith

Sr. Joim Colleton

John Danson Esq"
Ordered that the following Instructions be added to Gov' Hyde's In-
structit)ns. Whereas it did plainly appear to us that very great abuses
have been committed in our Province of Carolina by exorbitant and
illegal Grants of Land made to several persons far exceeding & contrary
to our Instructions given upon that account whereupon we thought it
proper to prohibit all Sales or Grants of land except such as should be
made at our Board yet at your instance & we being also very willing to
give all due encouragement to sudi ]*lantcrs as shall come to settle there,
We have consented that nnv person (hn-ing tiie term of seven years next
ensuing the date hereof may within tiiat [)art of our Province that is
under your care purchase any small quantity oi' land not exceeding (i40
Acres paying the nKjney to our Receiver General there at the rate of i"20.
sterling for each 1000 Acres & reserving 12 pence sterling of Great
Britain yearly quit rent for every 100 Acres to us the Ijords Proprietors
and our Heirs for ever for the same.

We do reconunend to you in the most particular manner the consid-
eration of the late Troul)les & we are very sorry that you was comj)elled
to make use of violent measures towards the supjiorl of tiie (xovern-
ment. We hope that all animosity is l)y this time extinguislied tt the
best way to keep people quiet is to show all gentleness to those that were
deluded & as little seventy to tliose who were more deeply coneern'd in
those disorders as is consistent with law & justice. It must of necessity
have happened tliat during these Commotions some unfortunate persons
have suffer'd much in their Estates M'e desire that restitution may be
made if it is possible to the full but if that cannot be as far as you can
& that you send us as exact an estimate as yon can make of tlie sutfer-
ings of the People whom we shall always protect to the utmost of our

COLONIAL RECORDS. S33

power while they preserve their allegiance to the Queen and their duty
to us the true & absolute Lords wlio represent Her Majesty. We further
enjoin you to send over to us all the evidence that can be of any use
towards our information that we may be able to lay an accurate account
of what has happened before the Queen if her Majesty should require it
of us.

M' Danson brought in the account of the sale of Five Barrels of rice
shipt by Gift upon the Mary Gaily Wm. Holyday Master neat proceed
being £105. L 1. which money was brought into the Board —

Out of which was paid

Edward Crisp

£10.

15s. Od

Lord Carteret.

13.

7. 0

Lord Craven.

13.

7. 0

S' John Colleton

13.

7. 0

Jn° Danson.

13.

7. 0

Received the sum of £13. 7.

Oof S'

my Lord Craven.

0 of S"" Fulwar Skip with for the use of

[From the Vestry Book of St. Paul's Parish, Chowan Precinct.]

At a Vestry held at the Hono"" the presidents. Feb''' y" 6"" 1 7fl-—
Whereas there is no Constable appointed for the lower District of the
North Shore from Edward Standing's lower down the precinct, the
Church Wardens or either of them are hereby impowercd to hire a fit
person to take a List of the Tythables within the said District and after
having received all the several Lists of all the Di.stricts within this pre-
cinct to as.sess and collect or cause to be collected the aforesaid sum of
forty-five pounds and the additional Charge for collecting the same to be
rai.sed equally "^ pole.

Item that whereas the Hono"'* Thomas Peterson Esq"' and M' Thomas
Luten have not been able to take and receive M' Moseley's the late
Church Warden's account of his said office, according to the order of the
last Vestry. It is hereby ordered that they demand and take and lay
the same before the next Vestry.

THOS PETERSON Church Warden EDWARD HYDE

JOHN BIRD THOS POLLOCK

SAME RATCHET JOHN URMSTON MISS'^

101

834 COLONIAL RECORDS.

LEONARD LOFTEN THOS LEE Church Warden

WILLIAM DUCKENFIELD JOHN WALKER

THOS LUTEN

[B. P. R. O. B. T. Virginia. Vol. 13. O. 120.— Extract.]

COLONEL SPOTSAVOOD TO THE BOARD OF TRADE
8'" FEBRUARY 17||.

My Lords,

At present the danger seems much more to threaten North Carolina
where the Indians daily gather strength, and have already besieged a
Party of the Inhabitants in a small Fort they had built for their Pro-
tection. The distractions among themselves give the Indians all the
opportunitys they could wi.sh of destroying them, for as our Burges.ses
for their pri^i-ate Interest have disappointed all means of defending this
Country, so those of Carolina on a worse principle have resolved to sac-
rifice the Province to their own private resentments, and because they
cannot introduce into the Government the persons most obnoxious for
the late Rebellion and Civil war, they will make no provision for defend-
ing any part of the Country, and are now likewise dissolved without
doing any business. The Baron de Graifenried being obliged while he
was prisoner among the Indians to conclude a neutrality for himself and
the Palatines lives as yet undisturbed, but is sufficiently persecuted by
the people of Carolina for not breaking with the Indians tho they will
alford him neither provisions of war or victuals nor any a.s.sistance from
them : he has always declared his readiness to enter into the war as soon
as he should be assisted to prosecute it ; but it would be madness to ex-
pose his handful of people to the fury of the Indians without .some better
assurance of help than the present Confusions in that Province gives him
rea.son to hope for, since the Indians would soon either entirely destroy
that settlement or starve them out of the place by killing their stocks and
hindering them from planting Com In the meantime the people of Car-
olina receive great advantage by this neutrality, for by that means the
Baron has an opportunity of discovering to them all the designs of the
Indians, tho' he runs the risque of paying dear for it, if they ever come

COLONIAL RECORDS. 835

to know it. This makes him so apprehensive of his Danger from them,
and so diffident of help or even justice from the Government under
which he is that he has made some offers to remove to this Colony with
the Palatines, upon some of her Majesty's lands, and since such a num-
ber of people as he may bring with him what he proposes to invite over
from Switzerland and Germany will be of great advantage to this Coun-
try, and prove a strong Barrier against the Incursions of Indians if they
were properly disposed above our Inhabitants, I pray your Lordships
directions what encouragements ought to be given to this Design either
as to the quantity of land or the terms of granting it. Your Lordships
will also be pleased to instruct me as to the settlement of a great number
of the other Inhabitants of North Carolina who I understand design to
remove hither for protection.

I beg leave to represent to your Lordships the necessity of some speedy
orders for this Colony Maryland and Carolina to assist each other in case
either be attacked, and if your Lordships shall think litt to propose this
to her Majesty, I humbly offer that the regulation of that assistance may
not be left to the precarious humour of an Assembly, but that your Lord-
ships will be pleased to consider of some more proper method for rendring
it effectuall. I should have sent 'ere now an account of the stores of war
in this Country ; but considering those accounts have been transmitted
both by Coll : Nott and M' President Jenings and none other sent hither
since, I thought it needless to trouble your Lordships with an account
which would contain only the same thing without any alteration except
as I have already intimated to your Lordships the powder is much more
wasted and decayed than it was then.
I am with all due respect
My Lords

Your Lordships

Most dutiful and most

Obedient Humble Servant

A. SPOTSWOOD.

Virginia Feb'^ IS'" 1711.

(Endorsed)
Rec* 14"' Aprill „^
Read 11'" Dec' j ^'^^-

836 COLONIAL RECORDS.

[B. P. R. O. B. T. Virginia. Vol. 58.— Extracts.]

JOURNAL OF THE VIRGINIA COUNCIL

At a Council held at the Capitol

the 20"^ day of February 1711 (-12.)

On reading at this Board a petition of the Inhabitants of Neuse River
in North Carolina representing the deplorable State to which they are
reduced by the Indian Enemy their houses and plantations burnt; their
Stocks destroyed and they forced to betake themselves to Garrisons for
their defence where they will soon be in danger of starving for want of
necessarys and unable to defend them.selves without speedy succour of
men, arms and Ammunition, and praying Relief therein from this Gov-
ernment, The Council taking the said petition into con,sideration are of
Opinion that if the Treaty made with the Tuscaruro Indians take effect.
The petitioners will be relieved without other a.ssistance from this Gov-
ernment which cannot well be afforded at present by reason of the low
state of the publick Revenue That since the time for the execution of
the said Treaty on the part of the Tuscaruros is so near The Governor
of North Carolina be exhorted to assist the pet" with provisions and
ammunition to defend their Garrisons till the Event of the said Treaty
and that in order to encourage the petitioners to defend themselves a
Copy of the said Treaty be sent to the Commanders of the Garrisons in
Neuse that they may see what care this Government hath already taken
for their Relief and to assure them that further measures will speedily
be entered into for quickening the Tuscaruros to perform their engage-
ments, and M' Farguson and M' Graves who were deputed by the In-
habitants of Neuse to present the aforesaid petition were called in and
acquainted with these Resolutions.

For the better discovery of what preparations the Tu.scaruros are mak-
ing towards executing their part of the Treaty concluded with them It is
the opinion of this Board and accordingly Ordered that M' Peter Poythres
be forthwith despatched to the said Indians. That he be allowed to
carry with him one horse load of tradeing goods (arms and ammunition
excepted) and upon his arrival there give the Indians to understand that
the said goods are sent l)y this Government in pursuance of the treaty to
be applyed towards the payment of any Charges they have been at in

COLONIAL RECORDS. 837

redeeming the English Captives or for dischargeing the Rewards promised
them for such heads of the Indians Enemy as it is expected they have
by this time obtained according to their engagements and that if the said
Indians have either obtained any of tlie English Captives or cntt oflFany
of the enemy, he do accordingly deliver the said goods in satisfaction of
the rewards promised them but if not that he have leave to dispose of
the said goods for his own benefite. That he have directions to make
the strictest examination he can into the designs of the said Tuscaruro
Indians, that this Government may be the better able to judge whether
they are to be confided in ; and that the said Poythres may be the more
encouraged to undertake this Journey It is Ordered that upon his Return
he be paid for the same and for his former Services out of her Majestys
Revenue and that he be then paid for what goods he shall deliver to the
said Indians in pursuance of the aforesaid Treaty.

[B. P. R. O. B. T. Va. 58.]

North Carolina — ss.

To the Hon"' Alexander Spotswood her Majestys Lieutenant & Gov-
ernor General of Virginia.

The address of the President and Council, the Speaker and Members
of the House of Burgesses of the Government of North Carolina.

The great concern which your Honour has always expressed for this
distressed Government lays us under the greatest Obligations imaginable
We cannot sufficiently make those suitable Returns of Gratitude to your
Honour as are truly due to you for your generous care of us when your
friendly mediation to compose the unfortunate differences that lately were
among us. But when we were more seusibly afflicted by the inhuman
barbaritys of the Indians to divers of the inhabitants of this Govern-
ment to the almost depopulating a whole County, our whole dependence
was on the Relief we expected from your Hon' what pains and care your
Hon"" took for us we are not altogether ignorant of And we take this
occasion to return to your Hon'' our hearty thanks for the same. We are
very sorry that so generous a design as your Honour had formed in our
favour should meet with so much difficulty as to render those endeavours
at that time for our safety unsuccessfull.

But we are too deeply affected with the Reasons as not to be sensible
that it partly proceeded from the misunderstandings among ourselves or

838 COLONIAL RECOKDS.

the little hopes or encouragement your Government could have in expec-
tation of a people not seeing their own danger, or at least not affected
by it.

We should be unjust to ourselves if we did not own that you even
sought our safety before we could well ask your assistance and how dif-
fusive afterwards was your care is fully evident from the scheme you laid
to work our deliverance.

Our ])resent Circumstances are such at this time as obliges us to be
humble sutors to your Hon' for an auxiliary Force of 200 men with all
the dispatch your Honour can possibly send to our assistance the men of
this Government so little inured to arms makes us find the great want of
Resolutions in them being either too unwilling or too tender for bold ser-
vice the inconveniency of which can only be repaired by thf)se succours
beg'd of your Honour who live under the happy influencas of your
administration as well as under the strictness of your good discipline.

The great hoj)es we promise ourselves from this is the unanimous pro-
ceedings of this Assembly which raised £4000 by which not only our
men but the succors of our neighbors will be provided for.

It is no little satisfaction to find that people are come to a better under-
standing or at least to a juster seuce of their danger and we could
promise ourselves in this juncture of time the assistance we pray for as
an encouragement to our Resolutions and as a support in that part we
are so defective in for the want of them.

We shall not be wanting in representing to the Lords Proprietors the
favours we have received from you in the midst of all our difficultys the
readiness you have on all occasions expressed in the taking care of her
Majestys subjects which proclaims the great Wisdom of her Majesty in
the choice of a person of so high merit and that has rendered himself so
universally dear to all his neighbours and especially those of this Gov-
ernment. .
THO : SNODEN Speak"^ EDWARD HYDE Prest
FRED: JONES JOHN RET
THO: HARDING EDWARD SMETHWICK
EDW : MOSELEY W" LINTON
JNO : STEPNEY W. LUFMAN
THO: LUTON GRAFFENRIED
JNO: BYRD. N CHEVIN
THO: TAYLOR. W° REED
ELAXANDER SPENCE THO: PETERSON
JOHN HARDY

COLONIAL RECORDS. 830

[B. P. R. O. B. T. Virginia. Vol. 41. p. 442.]

COLL: SPOTSWOOD TO THE LORDS OF TRADE.

May 8'" 1712.
My Lords.

As to the proceedings in settling the Boundaries with Carolina of which
your Lord.ships desire an Account in your letter of the 22"* of Novem-
ber I have writ sundry times to the Governor of that province to appoint
Persons for adjusting thereof, but he tells me he has received no directions
therein from the Lords Proprietors so that your Lordships will be pleased
to consider of some further means ttt quicken the Proprietors to put a
speedy end to this dispute.

We continue still under the apprehension of being attacked by the
Indians for notwithstanding the Government of South Carolina sent a
body of 700 of their Indians commanded by .some officers of that prov-
ince to the assistance of the People of North Carolina, and that about
the latter end of last January they fell upon some Towns of the Tu.sca-
ruros with pretty good success. Yet after this first rencounter near 600
of them deserted so that their commander did not find himself in a con-
dition to improve the consternation into which that sudden eruption had
put the enemy, and in his next attempt upon one of their Forts he was
forced to draw off with considerable loss, however this seasonable suc-
cour put new life into the people of that Province and a new assembly
being called, passed an Act torai.se 4000£ for prosecuting the war against
the Indian Enemy and because they could not raise a sufficient body of
men in that Province where the Quakers make a gi-eat number of the
Inhabitants, they made application to me for an assistance of 200 men
from this Colony. The apparent danger to which her majcstys subjects
there were exposed, more especially by the Indians gathering fresh cour-
age upon the repulsd they had given the South Carolina Forces, together
with tiie ju.st grounds there appeared to believe that the whole Tu.scaruro
Nation were confederated with tho.se concerned in the Massacre, not onlv
from their failing to perform any one of the Engagements they had en-

840 COLONIAL RECORDS.

tered into with this Government; hut the trifling excii.ses they made for
that failure at their coming in to me in March last, and the discoveries of
their intreagues to seduce our Tributary Indians to join with them, were
sufficient motives for agreeing to the assistance desired by Carolina as the
most probable means to divert the storm from our own Frontiers, so that
upon a full debate in two severall Councils, I had the unanimous advice
of the whole Council to send 100 men of our Inhabitants and 100 of
our Tributary Indians to the assistance of Carolina: And becaluse
the Assembly had left me no Fund to answer such an occasion and
that there remained notliing in Bank upcfn the Revenue of 2* "^ hhd.
there was a necessity to defray the Charge of this Expedition out of her
Majesty's Revenue of Quit Rents since the necessity was so pressing as
would not admit of the Forms of calling an Assembly and the delays
incident to their proceedings but it was also agreed to demand of the
Government of Carolina to enter into a previous engagement in behalf
of the Lords Proprietors, that whatgver sum should be employed for this
service out of her Maj*^^ Quit Rents should be refunded by the Lords
Proprietors, if her Majesty thought fit to demand it, as being more im-
mediately employed for the protection of their Government. Upon this
I proceeded to appoint the Rendevouze of the soldiers, and desired a
conference with the Governor of North Carolina for the better carrying
on this service, but at my meeting him he told me with great concern,
that the Commander sent from South Carolina had without his knowl-
edge clapt up a peace with the Indians upon very unaccountable condi-
tions at a time when he had reduced one of their most considerable Forts
to the last Extremity and could not have missed taking it in a few hours,
nor of breaking entirely the power of that enemy, if he would have
waited the arrival of the succours from hence, and the Force then raising
in North Carolina to joyn him. This weakness in the conduct of their
affairs together with a more unaccountable obstinacy in the Council of
that Province in refusing to submit to her Majestys' Determination the
repavmcnt of the mony disbursed here for their assistance or of fur-
nishing so much as Provisions for the Forces sent from hence is as great
a discouragement to their Neighbours as tis encouraging to the Heathen
who are not such fools as not to perceive their weak efforts in carrying on
the war as well as their easiness in making Peace. And it haifipened
very luckily on this occasion, that I had not entered any of the soldiers

COLONIAL KLCOllDS. 841

of this Government in Pay, before I knew of this event, so that all that
cxpence is saved, and I have now nothing more to think of than the
defending our own Frontiers against the inroads of the Tuscaruroes
whereas tliev find themselves in a condition to break this peace, which

nobody believes will be long lived.

******

My Lords

Yovir Lordships

most dutiful & most obedient

humble servant

A. SPOTSWOOD.
Virginia. May 8"" 1712.

[Council Journal.]

Att a Councill holden at y' house of the Hon"'' Edw"* Hyde Esq' in
Chowan on ifriday the ninth day of may A°° D"' 1712
Present the Hon"" Edw* Hyde Esq"" Presid' &c
rTho= Pollock^

The Hon"'" J Th o^Bovr"' f ^^"l" ^'*' ^'"''1''" ^""^'^
[willmEeed J

The Hon'"'" Edw* Hyde Esq" presented to this Board a t!omission from
his Excellcy the most noble Henry Duke of Beaufort & Pallatine & y"
rest of the true and absolute Ld^ Prop*" of Carolina under their great
Seale bearing Date the 24 day of Jan'^ A°° D°' 1711-12 thereby Con-
stituteing & appointing him y" Said Edw* Hyde Esq"" to be Gov"" Cap'
Gen" Adm" Comand*^ in Chiefe of that ]>art of y" province of Carolina
that lyes N° & E' of Cape ffeare Called N° Carolina which C'omission
was read published & Ordered to be recorded And then y" said Edw^
Hyde Esq' tooke and Subscribed y" Severall Oathes by Law appointed
to be taken for his quallification together with y" Oathes for y° due ob-
servation of ye Ijaws of Trade And then tooke place at y* Board pursu-
ant to y" afs'' Comission

Att a Councill holden at y" afs* tyme & place

Present Hon"" Edw* Hyde Esq' Gov' Cap' Gen" Adm" Com"*' in

Chiefe

f TIk/ Pollock ^

rv\ U ble Nath Chevin It;, rs T l trs r» tv8

The Hon"" ^j^^^, ^^^^^^ } Esq'^ Lds prop'" Dep'>'

[W"- Reed
102

842 COLONIAL RECORDS.

The Hon"" the Gov"' haveing published his Comission as aboves''
It is ordered that a proehimation Doe Issue out in y" following words
(Viz) By the Hon'''° the Govern" & Council a proclamacon
Whereas the Hon''''' Edw** Hyde Esq' haveing this day duly published
a Comission to him directed from his Excellcy the most noble Henry
Duke of Beaufort pallatine and y° rest of y° true & absolute I/' prop"'"
of Carolina under their great Seals bearing Date y" 24"" day of Jan'^
A""" D°' 1711-12 thereby appointed him y" Said Edw^ Hyde Esq"
to be Gov" Capt. Gen" & Adm" of N° Carolina and haveing quallifyed
himselfe accordingly —

Wee do therefore by this our proclamation Strictly require and
Comand all her Matyes Loveing Subjects within this Governm' to render
their Due obedience to our Soveraign Lady y^ Queen and y* Governm'
as it is Established under her by virty of Of y" afs* Comission And
wee doe hereby further Declare all Comissions both millitary and Civill
and all process now depending in any of y' Courts of Judicature in this
Governm' are and shall stand & be in full force untill farther orders
from this Board or from the Hon'''' the Governm' Given under our
hands and y' Scale of this Collony this 9*" day of May A"" D"' 1712

The Hon"'" Co" Tluf Pollock presented to this Board a Deputation
under y° hand and Seale of y' riglit Hon'''^ Jn" Lord Carteret one of the
true and absolute L'** Prop'"* of Carolina thereby appointing him y° Said
Co" Tho' Pollock to be his Deputy in N° Carolina which was read allowed
of and Ordered to he recorded And then y' said Tho* Pollock tooke and
Subscribed the Severall Oathes by Law — appointed to be taken for his
quallification and tooke his place at y" board accordingly.

The Hon''" Lieuten' Co" Tho' Boyd presented to this Board a Depu-
tation und" }'" hand and Seale of S" tfulwar Skipwith Barr* Guardian to
y' Right Hon'''" the 1/ Craven One of the true and absolute L"' proj-)'"'
of Carolina thereby appointing him to be Dep'^ to y" Said L* Craven
And v° same was read allowed of & Ordered ti) recorded And then y"
Said Co" Tho' Boyd tooke and sul)scribed the severall Oathes by Law
appointed to be taken for his quallification and tooke his place at y"
Board accordingly

Tobias Knight Esq" presented to this Board a Comission from his
Excellcy the most noble Henry Duke of Beaufort Palatine and the rest
of the true and absolute L*^ prop'"' of Carolina thereby appointing him
y" Said Tob* Knight to be Sec'^ of this Governm' of N" Carolina, And
another Comission under y" hand and Seale of the Hon'''" Co" Robert
Quarry Survey" Gen" of her Matyes Cnstomes in y° Southern district of
y' Continent of America thereby appointing him y" Said Tob^ Knight to

COLONIAL RECORDS. 848

be Collecf of lier Matves (histoiiies in (.'orratuck district both wliirli was
read allowed of and ordered to be recorded. And then the Said Tobias
Kniglit tooke and subscribed the scverall Oatlies appointed to be taken
for this quallification.

Then this Board adjourned untill to morrow niorne 8 of clock

Saturday morne 8 of Clock this Board mett again present ut Suprn

The Hon'''^ the Gov'' having Comunicated to this Board a Letter from
y° Gov'' of Virg'' C)onteyneing proposalls made by that Gt)vernm* to this
for raiseing Stores to Carry on the warr ag' y° Indyans It is y** oppinion
of this Board that y* Same be I^aid before y' Ass'''^ att y* next Session
for their Consideration

The Hon"* Edw* Hyde Esq'' haveing published a New Comission for
this Goverum' it is thought iitt that a proclamation Doe Issue out for
dissolveing y° present Assembly in y* following words (viz)

By the Hon"" the Gov'' ik Councill a proclamation

Wheareas this present Assembly stands prorogued by our proclamation
to y* 22'^ day of this Instant may and it being thought fitt for divers
weighty reasons that y* same be dissolved Wee doe l)y this our procla-
mation Dissolve y" said Assembly and it is hereby dissolved Given under
our hands and y" Scale of y" Collony this the 10"' day of May A"° D"'
1712

Whei'eas it dos appeare to this Board by divers concurring Informa-
tions that Maj'" Gen" Barnwell has been very remiss in y" Execution of
his trust reposed in him by this Goverum' ag' y'' Indyans It is ordered
that if upon Examination he bee found Guilty thereof that a representa-
tion thereof be drawn up by this Board & that he be Charged therewith
before y" Goverum' of So Carolina l)y Som agent to be sent thither for
that purpose

This Board takeing into their Consideration y'' Eminent danger the
Inhabitants of this Government Still lyes und"^ from ye Indyans espe-
cially those (if pamlico and Nuse Wherefore it is ordered by this Board
that a Commander and thirty men be constantly kept in y" ffort at Cow-
Towne called Hyde ffort untill further order and that ten men be con-
stantly kept at y" Garrison at M'' Readings on pampticough as a Barrier
and Safeguard to y* Inhabitants on and about those two Rivers and that
they observe and ffollow Such Instructions and orders as they shall i-e-
ceive from tyme to tyme from y'^ Hon"" y' Govern"^

This Board takeing to their Serious Consideration y° great want of
amunition as well to prosecute y" Warr ag' y" Indyans As to maintayn
y* Gari'isson appointed for a Safe Guard to y" County of Bath and for
as much as y" assemble Cannot possible meet tyme enough to Consult of

844 COLONIAL RECORDS.

and Assent to Such Measures as may be thought titt to suply y° present
necessity therein It is Ordered by this board y' Hon'''' the Gov" be
hereby Impowered to make Such Contracts and Agreem'^ on behalfe of
y^ Country w'"" any person in Virg^ or elsewhere as he shall think neces-
sary for amunition & that he make report of his proceedings therein to
y'^ next Ass'"'^ for their Concurrence thereto —

Upon petition of Jn° Hardy showing that a tract of Land formerly
Granted to Jn" Bird on Kesiah river is Lapsed for want of Seating &
pray's that y* Same may be granted to him —

Ordered that y* Said petition be refered to y* next Councill

Upon ])etitiou of Edw"* & Willm Bird showing that a tract of I^and
formerly granted to Jn° Bird upon Cashoke is lapsed for want of Seate-
ing and pray's y" Same may be granted to them

Ordered the y* Said Land be granted to y' Said jietition''" as pray'd
By Order of Gdv'' & Council]

T KNIGHT Sec'y

INSTRUCTIONS FOR Y' HON^'^ EDW HYDE ESQ-^ GOVERN'
OF NORTH CAROLINA

You arc with our Council to consider how y' trade of y' part of our
Province committed to your Care may l)e l)y the most proper and legall
means promoted and advanced & how the severall usefull & Profitable
manufactures already settled in y' s** part of our Province may be further
improved & how & in what manner new & profitable manufactures may
be introduced and you are also to consider of the best and & most effec-
tual means to Establish y' ffishery of our s* Province & what Encour-
agem' is proper for us to give to increase the same

Yon are from time to time to make a representation touching y° prem-
ises to us as y° nature of the business shall require which s* rejiresenta-
tions are to be in writings & are to be signed by you tt y' major part of
the Councill

You are to take care y' all acts of assbly y' have been confirm'd by us
or our Predecessors be fairly wrote out and transmitted to us, by y* first
opportiuiity & you are to examine into & weigh such acts of Assblys as
shall from time to time be sent or transmitted hither for our approbation
& to set down & represent as afs'' the misfortune <i" mischief thereof to
her Maj^ Imperial Crown of Great Britain to our Province its self or to
our Jurisdiction & power Granted to us by the Royall Charter in Case
Such Laws should be confirm'd & Established by us & to consider which
matter may be recomended as fit to be jiassed in y'^ Assblys there

COLONIAL RECORDS. 845

You air to emjuire into <Si transniitt to us an aoc' of" all the moneys
that have been Given for Pnbliek uses bv y" Assblys in Onr Province &
how y^ Same are & have been Expended or laid out & what Persons do
& how & by whom they are Impowered to Receive the same

You are by & with tlie advice & Consent of any four or more of our
Dep'^^ to adjourn, prorogue & Dissolve the General Assblys as often as
you shall think requisite so to do And that there may be no Interuption
or Delay in matters of Prosecution and Execution of Justice in our
Courts of Judicature within our a^ Province by the Death or removal of
any of our Officers Employ'd therein untill we can be advised thereof
(which advice you ai'e to transmitt to us y" first oppertunity) you are to
appoint others to Succeed in there places, & you shall make Choice of
Persons of known Loyalty Experience Diligence & Fidelity to be Em-
ploy'd for the purposes afo^ untill you shall have onr approbation of y"
or Nomination of others from hence

Y'ou are w"' y'' assistance of Anthony Stafford our present Receiver
Gen" to take and inspect the acco" of Col'"" Tho* Cary wlio has ree*" sev-
eral oi' chief Rents & other our money for the perchase of our Land in
y' part of our Province under your Care, after you have audited and
approved y*" Same To attest y^ acco'^ according to y^ form Given to i)ro-
ceeding Gov" & such money as shall be received for y' balance of Such
acco'^ you are to take particular Care y' it be transmitted to us witli what
Convenient Speed you Can, according as shall be directed by us

You are to take great care y' the Indians be not abused & Justice be
duly administered to y" in our Courts & y' you Endeavor your utmost to
Create a firm friendsp with y" & bring them over to your part for your
better Protection & Defence against the Enemy (the neighboring French
& Spanyards) against whom you are to Protect our s* Province & wee
assure your of our utmost assistance for your Security

You are to transmitt to us as soon as you Can Conveniently get it
handsomely transcribed a full & Exact acco' of our Yearly Rents what
they may amount to in the whole & the particular men from whom due
& what from each man also what has been received by whom and how
ajiply'd & what Land to whcjm & for what sold

You are to take care that all persons may be admitted to Peruse \'
Pnbliek Records of our Province provided they make such Perusal in
the place where the same are Constantly kept & pay the Customary
& usual Fees

Whereas it Did plainly ajjpear to Us that very great abuses have been
Committed in our Province of Carolina by Exorbitant & illegal Grants
of Land made to several Persons far Exceedino; & Contrarv to our In-

846 COLONTAI. RECORDS.

striictions given upon that acco" Whereupon we thought it proper to
Prohibit all sales or Grants of Land except Such as should l)e made at
our Board y' at your Instance & we being willing to give all due
encouragera' to such planters as shall come to settle there we have Con-
sented that any person During the term of seven year's next ensneing y"
date hereof may within that part of our Province that is under your
Care perchase any small Quantity of Land not Exceeding 640 acres Pay-
ing the purchase money to our Receiver Gen" at y^ rate of 20° Sterling
for each 100 acres and reserving 10" Sterling of Great Brittian Yearly
quitt-rent of every hundred acres to us the L"^ jjrop"'" & Our Heirs for
the same

We do recomend to you in the most particular manner y^ Considera-
tions of the late Troubles & we are very sorry that you was CJompelled
to make use of Violent means towards the support of y" Govenm' we
hope that all animosity is by this time Extinguish'd and y" best way to
keep Quiet is to show all Gentleness to those that were deluded and as
Ijittle Severity to those wiio more deeply coneern'd in these Disorders as
is Consistant with Law & Justice It must of necessity have happened
y' during those Connnotions Some unfortunate Persons have suffer'd
much in their Estates we desire y' Restitution may be made if its possi-
l)le to the full but if that cannot be as far as you can & that you send
ns as Exact an Estimate as you Can make of the sufferings of the People
wliom we shall always Protect to the utmost of oui- P(^wer while they
preserve the Alegance to the Queen & their Duty to us y" true and abso-
lute Lords who represent her Maj'^ we further enjoyn You to send over
to us all the evidence that can be of any use towards our Information
tliat we may be able to lay an accurate acco*of what has hap]ien'd befoi-e
the Queen if her Maj'^ shall require it of us

And lastly we do require You our s** Gon'" to Execute and perform all
other things necessary and proper fn* Answering our Instructions in the
premises & which shall or may tend to y^ good Govrm' of our Province
afs"

Given under our hand & Seal at Craven House this 24"* day of Jan''''
Anno Doni 17^

J MANLEY foryM)uke (X)

of Beaufort
FULWAR SKIPWITH (x)

fr L* Craven
CARTERET (X)

M ASHLEY (X)

J COLLETOX (X)

COLONIAL RF/'ORDS. 847

[P.. P. K. (). B. T. Virginia. Vol: 18. O. 127— Extkact.s.]

COLONEL SPOTSWOOD TO THE BOARD OE TRADE

Virginia May 15"^ 1712.
My Lonl.s,

Having in my letter of the 8"' of thi.s month inforni'd your Lordships
of my application's to the Governor of North Cai'olina to appoint Com-
missioners for setling the Boundarys, and tlie constant answer he made
of his want of directions from the Proprietors, I take this opportunity
to acquaint your Lordships that I have since seen his Instructions sent
lately with his Commission, but do not find the least mention of the
Boundarys, no more than if such a controversy had never been depend-
ing.

I cannnot ommitt -observing to your Lordships one thing in those
Instructions, which is like to prove very prejudicial to this Colony, and
that is, a power given by the Lords Proprietors for the space of seven
years to dispose of their Lands, at the rate of Twenty shillings each
thousand acres for the first purchase, and twelve pence Quitt rent yearly
for every hundred (which is but one-fifth of what is paid here for ob-
taining Rights to take up the (Queen's land, and one half of the yearly
quitt rent payable to her Majesty for the same) and without any obliga-
tion on the Patentees there to seat or cultivate. The publication of such
a privilege has already wrought so much on the people here, that great
numbers are flocking to that Province, to take up land, and there's no
doubt many more will follow upon the prospect of having what Tracts
they please on such easy terms.

This excursion of the People into North Carolina as well as into
the lands of the other neighbouring Proprietors will be very much fur-
thered by a general opinion lately revived, that there are gold and silver
Mines in these parts towards the mountains; and because in the Grants
to the Pi'oprietors, the sliarc of the Crown in Royal Mines is ascertained,
and no such Declaration made ihr tiK)sc found in the Lands held imme-
diately of her Majesty, peojile propose U> themselves a greater advantage
by seeking after them in tiic former. Eor this reason, I'm told, some
persons who heretofore had, or fancyed they had made such discoverys
here, were discouraged to prosecute them, and dyed with the secret. But
now that the same opinion is revived, and the humor of making di.scov-
erys become more universal I humbly oft'er it to yoiu- Lordships consid-
eration wliether so great a profitt as may redound from the discovering

S4S COLONIAL RECORDS.

and working such Mines ouglit to be lost for want of a Declaration what
share lier Majesty expects ont of them. I find bv the Grant to the Com-
pany that first settled this Cok)ny the Cro\vn reserved the fifth jjart of
all silver and gold Mines, and that accordingly the ancient Patents ex-
press the same. Since the dissolntion of that Company that the soil re-
verted to the Crown, the Patents conveyed to the Patentees of the land,
a due share of all Mines and Minerals; but what that share is has
never yet l>eeu determined. And in the Act of Assembly concern-
ing the granting of Lands pass'd in the year 1706 (but now repealed)
the former of the PatcJits there established, gave entirely to the Patentee
all Mines and Minerals without any Reservation, and tho your Lordships
made some alterations in the draught of the Bill before it passed here into
a Law, yet I don't find that part of it was cjuestioned or altered, and
some Patents granted by my Predecessors while that Law was in force,
have the same clause in them. But upon the Rejieal of that Act I altered
the form of the Patents in this Particular and made them conformable
to the former viz' by granting with the Land only (a due share of all
Mines &c) believing that share ought most properly to be determined by
the Crown. Wherefore I hope your Lords'"^ will be pleased to move her
Majesty for a speedy Declaration what share is expected if any royal
mines are found in the Lands already patented under her Majesty's Grant ;
and whether if any such be discovered on lands not yet patented I ought
to grant those Lands to any private person who makes tlie discovery?
The ascertaining this will encourage people to make discoverys on the
Queen's Land and if found will keep them where they may bring more
profitt to the Crown, than liy rnnning on the like projects in the lands
of any of the neighboring Propriet(jrs ; and since by the Charter to
the Proprietors of the Northern neck there is only reserved to the
Crown the fifth of all gold and tenth of all silver Oar, Your Lord-
ships will not I ho]>e think it unreasonable to prt)pose to her Majesty,
that for the encouragement of her Majesty's more immediate Ten-
ants in the other parts of this Colony, no greater projiortion be de-
manded of them. I am the more desirous of some speedy directions
herein, because I have great reason to believe there are Mines lately dis-
covered here, and I would willingly promote as far as I am able any
thing that may be for the service of her Majesty and the good of this
CV)untry. It is like some of these mountains may bring forth only such
imaginary Oar as I find some people heretofiire have busyed themselves
about, and that others may prove such barren ones as not to countervail
the charge of working, Yet tis also possible tiiat the earth in this part

COLONIAL EECOKDS. 849

of tlie Continent may partake of" the same mineral qnalitie.s with that of
the more southern climates, and that the dillegence of inquisitive or fan-
ciful men may in the end prove of very great consequence both to the
sovereign and subject.

with all due respect

My Lords

Your Lordships
Most dutiful and most
Obedient Humble Servant

(Endorsed)

Rec* Sept^ 15* 1 ,7,^
Read Feb'^ 26"" j ^ ' ^ »

A. SPOTSWOOD.

[Feom N. C. Letter Book. S. P. G.]

M' HYDE TO M^ RAINSFORD— EXTRACT

Chowan May 30'" 1712
Rev" Sir

I have the honor of My Lord of Londons letter with the favor of yours
by M' Pugh I am very much obliged to you for so early acquainting me
with your arrival and heartily congratulate you upon that and the Mis-
sion you come about. I wish with all my heart the country was in such
a State as will give you no reason to repent so long a voyage : and I
hope it will not, for as the work you come about is of so a essential na-
ture so I doubt not but God will prosper you and your endeavour, and the
people learn to do their duty I will assure you there shall be nothing want-
ing in me to render everything to you as easy as possible nor would I have
you to be the least discoiu'aged by any misrepresentations you may re-
ceive (this under the Rose) from M"^ Urrastone which will be very loud
and complaining but I will be free to tell you that all or the greater part
of It is purely owing to himself & his unfortunate Temper which no
ways suits with the humoi's of the natural born people of America
(this is a caution). When you favor me with your company I shall give
you a faithful account of the observations I have made of the people
here and the method that will gain them for they are not to be won by
103

850 COLONIAL KECORDS.

any thing but gentle methods to what is serious and devout and moral
and poor M'' Urmstones railing and morose temper has lost them all. in
general I have received and am fully satisfied with your credentials
which I have returned you back and please myself with the thoughts
that a little time will settle this Country more to your satisfaction and
mine notwithstanding all the trouble I have met with in it. I have cut
off and took prisoners betwixt 3 or 400 Indian Enemies and am in hopes
in a little time to have matters so ripe as to have a treaty of a general
peace set on foot. It is indeed by nature one of the l^est countrys in the
world, tho' the people are naturally loose & wicked obstinate and rel)el-
lious crafty and deceitful and study to invent slander on one another and
sow such seeds of seditions that they have generally reaped them in the
plentiful crops of Rebellion.

And now sir give me leave to give you an invitation to my house;
where you shall be most welcome as long as ever you please : nor shall
you have the occasion to complain of the country as M' Urmston has
unhappily created himself. The times has been so very troublesome that
I have the more pitied jVP Urmstone, bec-ause the situation of his abode
is such as I have not been able to accomodate him with such conveui-
encys as otherwise I would have done. But should he complain of me
in that respect, I will assure you it is groundless, I have often offered
Let him send a canoe & hands & I would supply him. Nay would pay
a canoe and liands woiikl he but procure them —

I am Rev'' Sir &c
EDWARD HYDE

[I^'rom N. C. Letter Book. S. P. (}.]

M' URMSTON TO JOHN CHAMBERLAINE ESQ

On board the Bayly on James River
Virginia Capt" Harvey Commander

May 30*" 1712

Sir

Our Colony is still in great confusion & God knows how the War
with the Indians will end tis next to a miracle we are not all cut off [by]
them hostilities have been very violent on both sides and if not assisted
by neighboring Governments we shall not be able to withstand them
hei-e's so great scarcity of provisions yet it is to be feared many will perish
for want of food I and my poor family will be the first You'll scarce

COLONIAL RECORDS. 851

believe me but I assure you Verbo Sacerdotis we have suffered much by
hunger we found It the hardest thing in the workl to keep soul and body
together We can not do it long s(j that I intend to come for England God
willing f the next fleet the Country owes me about £100 already and
the longer I stay the worse it will be great poverty and heavy taxes I
cannot get a penny out I have had no supply from England never since
I came into these parts they who shall collect the dues here say they can-
not tis not to be had one of them told me he would not give 12'* in the
pound for it how can it then be expected I should continue here & will be
impossil)le to winter here tis a good time for us as well as Indians and
Hoggs while fruit is on the trees that was last sunnner one mean depend-
ence tho' with the hazard of our Lives by eating of trash I was afflicted
with a violent flux for the space of 11 weeks I thought I should have
dieil I have told you so much of my misfortunes in former Letters that
I need not adil depend on't they are worse than ever without any pro-
spect of amendment I recommend myself to the jirayers of all the pious
nieml)ers of the Ilonble Society and am

Sir vour most liumble Serv'

JOHN URMSTON

[Council Journal.]

North Carolina ss

Att a Councill holden at y*^ Dwelling house of Hon'''= Edw"* Hytle
Esq' in Chowan on Monday the 2^ day of June A"° D"' 1712
Present The Hon"'^ Edw* Hyde Esq' Gov' Cap* Gen" Adm" &c
f Tho^ Pollock ^
I Nath Chevin |
The Hon"^ [ Tho' Bovd J Esq'^ [/' proji*^ Dep'-^»
I W" Reed
l^Tlio" Peterson J
The Hon"' the Gov' haveing represented to this Board that thei-e is a
necessity of Sending Some person as an Agent on behalfe of this Gov-
ernm' to y* Governm* of South Carolina in order to represent y' present
State of y" Warr ag' y' Indyans in this Governm* and y* late Managem'
as also to suplicate that Govennn' for farther aid to Carry on y^ said
Warr.

Ordered that M' James Foster be appointed to goe to South Carolina
to performe y' said Agency and tliat a Suffiecent Sufne of money lie
I'aised for defraving his Charges therein.

,S52 COLONIAL RECORDS.

Ordered that y° petition of Aaron Blanchard and others be referred to
y° next Councill and that tiien y' Order for laying out y' Chowan Indian
Land be brought

Upon the petition of the Hon"' Co" Tho' Pollock Shewing that a
Tract of Land on Nuse River Called Wilkison's point is Lapsed for
want of Seateing and prays that y' Same may be Granted to him

Ordered that y' Same granted as pi'aid for

Upon petition of Jacob Hardy that a tract of Land formerly pattented
by Jn° Hardy lyeing between Cap' West and Sam" Edmnnds Lines be
granted to him being Lapsed for want of Seateing

Ordered that y" Same be granted as pray'd for

Then the Board adjonrned till tomorrow morne 9 of Clock

Tusday morne June y" 3* this Board mett present ut Supra

LTpon petition of Jn° Lillington Setting foi'th that two of y° Horses
lately brought in by y" Indyan Blount are his and praying an order of
this Board for y° Same

Ordered that y*" Said Jno Lillington receive and take y'' said Horses
or either of them wherever to be found he makeing it appeare that they
doe of right belong to him

Ordered that Capt Jno Mitchell be permitted t(j Carry out of this
Governm' Soe much Wheat as he shall purciiase of Cap' Tho^ Lee for
necessary Snpplys ag' y' Gen" Conrt & noe more he paying y' Duty Im-
posed on y' Same

Then this Board Adjournal till Thursday morne 9 of Clock

This Board mett again present ut Supra

Ordered that Twenty men be forthw'^ raised & Imploy'd in two large
Canoes to Cruize in pamplico & Core Sounds in order to Supressa party
of Indyans which we are Informed doe harbor in and about those
Sounds

M" W"" Maule being appointed by a ffbrmer Order of this board to
Inspect a Tract of Land on Kesiah river formerly pattented to Jn" Bird
to v\"hether y° same had ever been Settled according to Law And he have-
ing I'eported y* negative It is Ordered by this Board that y' said Land
be Grant^ Jn" Hardy persuant to his formei- petition for that purpose

By Ord' of y'' C^ouncill

T KNIGHT Sec"^

COLONIAL RECORDS. 853

[Council Journal — Continued.]

Cravkx HonsK June 5*'' 1712
To Daniell Richardson Esq'

Receiver Gen' of No Carolina
in America
S'

Your are to take y" direction it advice of two or more of y* L"** prop'"
Deputys for y' time l)eing- to what phice and to wliome Such Goods &
Coraodity wliich you shall receive to their L'''''* use shall be sent & Con-
signed Allways taking y° first oppertunity of shipping them off' and giv-
ing Instructions along, w"" them that such goods as shall be sent to New
England the returnes theirof shall be made in peeces of Eight or Chris-
tian or Arabian Gold All Goods sent to Virg" the returnes must be in
bills of Excha. All goods sent to Jamaica in peices of Eight to South
Carolina in Rice to Barbadoes or any of y" Leeward Islands in Musca-
ved Sugar to any other Ports in as convenient a comodity as may be pro-
cured there all which returnes upon y* L**' Prop"^ acco* must be sent away
by y° first oppertunity and Consigned to M*^ Jn" Danson Merch' in Lon-
don Bills of Ladeing are constantly to be sent there^yith and advice must
be given to y^ L^^ Prop''* of y" same
By their Lordshipps
Special Comand
R. SHELTON

FB. P. R. O. B. T. Virginia. Vol. 13. O. 129.1

N" 8
VIRGINIA PROCLAMATION

10">day of June 1712
By her Maj"'" Lieut': Gove' and Comniauder in Chief of this Do-
minion— -.
A Proclamation prohibiting the taking up or Seating any fvands within
the bounds in Disjiute between this Colony and the Province of
North Carolina.

Whereas I have received Infi)rmation that Notwithstanding the sev-
erall Proclamations and other orders heretofore Published Restraininu'

854 COLONIAL RECORDS.

the taking up any Lands witliin the Controverted Bounds between this
Colony and Carolina Diverse Inhabitants of this Colony have lately
taken up and Entred with the officers of Carolina for Sundry Tracts of
Land between Maherine and Roanoak Rivers moved by an Imagination
that Possession of Lands within the said Bounds under Surveys or
Grants from the Government of North Carolina will be sufficient tt>
secure their Title thereto altlio the said T^ands be afterwards adjudged to
beh)ng to her Maj"^ To the End therefore that no Peiis'on may l)e im-
posed on or Deceive themselves by such a Specious pretence I have
thought fitt by and with the Advice of her Maj"^' Council to Issue this
Proclamation hereby Publishing and Declareing that her Maj"' by ordei'
in her Privy Council the first of March 1710 hath Expressly forbidd
any Surveys or Grants to be made either by this Government or that of
Carolina of any Lauds within the Ixmuds in Disj)Ute untill the same be
finally Determined .\-nd I Do in pursuance of her Maj""' said Com-
mands require all her Maj"°° subjects within this Colony to forbear En-
tring for Seating on or Taking out Patents for any Lands within the
bounds in Dispute untill the fiiiall Determination thereon in the Manner
her Maj''" hath prescribed Certifying such as Shall Act Contrary to her
Maj"* Commands in the premises that if the Lands So by them Entred
Seated or Patented do fall within this Colony they shall not only lose all
Benefitt of the said Entrys or Grants but also of the Rights upon which
they have obtained the same and that the said Lands with all and every
the Improvem** made thereon shall be Granted to any other of her Maj'"**
Subjects desireiug the same That have Given a due Obedience to her
Maj""' Commands and the orders of this Governm' Issued thereupon
And I do require the Sherifs of the severall Countys to Cause this Pro-
clamation to be Read and Published at the Court houses of their Respec-
tive Countys Given under my hand and the seale of the Colony this lO*
day of June 1712 In the 11"^ Year of her Maj*'''^ Reign

A. SPOTSWOOD.
God save the Queen.

(Endorsed)
Referrd to in Coll Spotswood's L'" of 2«"' July 1712
Rec* Sept W} T_,..
Read Feb26'>'/^'^-

COLOiS'lAL UECORDS. 800

[Council Journal.]

North C!aroijxa ss

Att a Council holden at y' hoii.se of Caj)' Jn" Heckletield in Little
river on Thur.sday July 4'" 1712

Present. The Hon"" Edw-^ Hyde Escf
Gov"^ Cap* Gen" Adm" &c
r Tho^ Pollock ^

'PI IT ihP^ Xath Clievin -.-, .. t ^^ .„ r^ t,.

i he Hon""'" ; wmp,,i , Esq' L"" prop''" Dep ■

1^ Tho'^ Peterson

Francis Tomes & Joshua Tomes Exec"' of y° Last Will & Testam* of
Francis Tomes dec'd Came & presented this Board y" last Will & Tes-
tam' of s* ffrancis & proved y° Same by y' Solemn affirmation of W"
Bogiie & INIathew Albertson & prayM probat of y^ Same

Ordered that probat of y" Said Will be granted as pray'd

Upon petition of W" Maule and Jn" Conncill showing, that three
Tracts of Land formerly patented l)y Charles Gee upon y° Northside of
Morattock River is Lapsed for want of Seating and prays that the same
may be granted to them

Ordered that y" Same be Granted to y° petition''" as pray'd

Upon jjetition of Mathew Midgett praying that he may be alhjwed
ffifty pounds persuant to proclamation for aprehendiug Eman" Low which
is to lie allowed out of his Estate if Convict

Emanuell Low being apj'chended & brought liefore this Board tor
Stirring up Sedition & Rebellion ag' this Govermn' and endervouring to
Subvert y^ Same, Was Committed to Custody of y^ Provost Marshall
therefor

Then this Board Adjourned till tomorrow morne 9 of Clock

tfriday Morne at 9 of Clock this Board met again & present ut Su-
pra

LTpon petition of Jno Davis praying an ord'' of Conncill for the Di-
vision of ye Land between him & Tho* Boswell and it appearing to this
Board that yt Said Jno Davis hath a right to divide y' Same

Ordered that y* Said Land be divided accordingly

LTpon petition of Beija Raymand (being Sumonsed to appeare before
tins Board to answ'' to divers matters lay'd to his charge) pray's to be
dismissed and there a])peareing n(>e evidence ag' him

Ordered that y" Said Benja Raymand l)e forthwith dismissed paying
ffees —

Then this Board adjourned till Saturday July 12"'

856 COLONIAL RECORDS.

Saturday morne July 12"' tlii.s Board met agaiue preseut id tSupra

UpoH Petition of W" Vauglian Setting forth that whereas he stands
bound over to y^ Gen" Court to answ'' to Such matters as shall be ob-
jected ag' him and haveing divers tymes made his appeareance thereto
pray's to be discharged from y" same and that he may have Libeily to
depart this Governm' about his nessary Imploym* And this Board have-
ing taken y^ same into their Consideration and finding that said Vauglian
hath well Behaved himselfe since y" Giveing of the Said Bond It is
ordered by this Board that y" said Yaughan be and is hereby discharged
from y' said Bond and all penal tys therein Contayued And that he have
Liberty to depart this Governm' persuant to his s* Petition —

Upon Petition of Docto"" Godfry Spruell showing that a tract of
Land which he formerly purchas'd of Maj'' Gen" Pollock is not rightly
Survey'd and therefore pray's an ord' of this Board to make a new Sur-
vey on y' Same

Ordered that y° Said Godfry Spruell liave Lil)erty to Survey y" Said
Land over againe And make retm-ns thereof into y^ Sec'rys Office —

Whereas the L"*" prop"'* to Encourage y" Speedy Setlem' of this Coun-
try have granted to each person that comes w"' designe of Setleing here
a right of fifty acres of Land which favor i)f their TJ^^^ hath been of
Late very much abused by persons being admitted to prove rights for
themselves and other who never had y' least designe or intention of set-
leing in this Govern' to y^ great abuse of that favor & defrauding the
Gov" & Comanders in Cheife of their Just ft'ees

It is therefore Ordered by this Board that y" precinct Courts for y^
future doe allow of noe rights to be proved but of such persons who
Come in w"' Intention of Setleing afs** And have been rcsd' at least six
raonthes And that y" right of noe one })erson be permitted to be proved
more than once and that be in right of y^ j)erson himselfe and noe other
It is likewise ordered that y' Sec*''^ forth w"* Send a C'opy of y^ above
ord" to every precinct Court in this Governm'

Upon a motion made by the Hon'''' Ma)'' AV" Reed praying that Maj"'
James Coles may be ordered to deliver up a Bond of 300£ which the s'^
Reed was forced to give for his discharge out of y' Said Coles custody
being Coiumitted by an ord"" of Co" Tho' Cary in y" tyme of his usur-
pation and y" said Coles being called before this Board acknowledgeil
that he liad Such a Bond which he was ready to deliver on an ord'' of
this board

Whereupon it is ordered tliat y" said Maj'' Coles doe'forthw"' deliver
y° s'* Bond to y" s'' Maj'' Reed as he will answ'' y' contrary

COLONIAL KKCOKDS.

The Last Will & Testam* of Jn" Harris was exhibited Iwfore this Board
& proved by y' Oathes of Edward Pagett & Mary F Tysor two of y''
witnesses thereof And M' Snoden Atto'> for y^ Exeo"'^ pray it may lye
before y' Couneill iintill a Sp'' be Issued out for Jn" Wells another of y"
Evidences thereto for furthiir probat thereof

Upon petition of y' Inhabitans of Alligator praying that they may be
removed into y' precinct of Pasquotank & noe longer be of y' Precinct
of Chowan

Ordered that all y" Lands in & about Alligator & y^ Inhabitants thereof
Soe far up as y' White Oak Lands where Mathew Midgett now lives be
from hence forward Deemed and taken to be in y' Precinct of Pasquo-
tank the Inhabitant thereof paying all Such due Levy's gr^ as are now
due & engaged for to y^ precinct of Chowan

Ordered that y'= petition of M'^ ffred Jones be referred to y' next Gen"
Court

The Hon*"'* y'= Govern'' representing for this Board that there is noe
person here to represent the Hon"'^ Jn" Danson Esq' one of y" L''^ Prop'-^^
as his Deputy

Whereupon It is ordered by this Board that Tobias Knight Esq"^ l)e &
is hereby appointed Deputy to y' said Jno Danson Es(f uutill his pleasure
be farthur knowne And then y' said Tobias Knight & Subscribed y-^
severall Oathes by Law appointed to l)e taken for his qualification & then
tooke his place at v' board accordingly ^ ordered

T KNIGHT Sec"^^

[From N. C. Letter Book. S. P. G.J

MR RAINSFORD'S LETTER TO JNO CHAMBERLAINE ESQ

Chowax IX North Caroi.ixa July 25"' 1712
Worthy Sir

To o-ive you a descripti(jn of a 12 weeks passage We had from the
Lizard to Virginia with the inconveniences I laboured under in it would
but renew in me the melancholy Ideas of what is past as well as trouble
you in reading a relation of them I shall therefore proceed to what
[relates] immediately to my mission by giving a faithful account of the
condition the countrys in at present & what good (with God's fatherly
assistance) I may do the Society and peojile l)y my continuance among
104

858 CJOLONIAL RKCORDS.

them June the 5* T arrived at the Governors where I was most kindly
received by him as afterwards l)y Coll Pollock & Squire Duckenfield l)e--
ing the only persons of any note that I could see or hear of on the Shore
and as an instance of my duty thought [ could not do better than remind
'em at that time of preparing themselves for the receiving of the Sacra-
ment on tlie then ajjproaching Festival Whit sunday The trifling excuses
they made sufficiently satisfied me of the little regard they had to the
indispensible obligations that lay on them to so solemn a cluty however
several of the people came that day to divine Service but perfect strangers
to the Method of the Worship of our Church M" Urmston and I Iw a
mutual agreement with the approbation of the Governor are to manage
after this manner He proposes to supply the North Shore at the Lower
End of Chowan together with all Paspetanck provided I take care of the
West Shore (where there is no Church but a vast track of land to ride
over and in every instance very fiitiguing) which I promised to do till I
hear further from the Society But since the whole Country intitled to
my labours I visited his Shore (which I am sorry to say) has been a long
time neglected M'' Urmston is lame and says he cannot do now what he
formerly has done but this lazy distemper has seized him by what I hear
ever since his coming to the Country I shall give you a faithful account
of his proceedings and management as T desire he may do of mine the
either of us according to the merit or demerit of our performance may
be valued or disesteemed by the Society there's a small Chapel near an
Old Indian Town where I preached at June lo"" had vast Crowds come
to hear me but I observed they exprest very little or rather no
devotion in time of divine Service. Tliat day and tlie day follow-
ing I baptized 17 children 4 of them 11 years old nine of them 6 and
the other 4 — three and when I told M' Urmston of the neglect
he excused himself by saying he never had notice of their having chil-
dren there unbaptized June 22"'' I preaciied at on M" Garrats the upper
end of Chowan but had sucli numbers that T was obliged to go under a
large mulberry tree where most of the people to my great satisfaction
seemed very devout the whole time of service and very ready in their
responses as in their method of singing praises to God Here I baptized
two Girls of the age of 16 and one boy of ten Children of one M'' Adams
and by much importunity prevailed on AP Martin to let me baptize three
of his Negro's two women and a boy all the Arguments I ct»uld make
use of would scarce ettect it till Bishop F'leetwoods sermon prfiached be-
fore the Society turned the scale and when ever I baptized there I dis-
tributed a share of the small parcel of books Old jNI'' Saunders of Cura-
huk who has M' Adams' books refuses to deliver 'em unless I promise

COLONIAL RECORDS. HoJi

to settle and entirely fix there whieli 1 told him J eoidd n(i way do to
neglect the greatest part of the country to serve there bnt I promised
him as much of my time as I oonld possibly spare to that district many
of tiie books he tells me too are lost and he pretends a claim to keep 'em
and a Watch by virtue of a debt contracted by M' Adams in his life time
I had several conferences with one Thomas Hoyle King of the Chowan
Indians who seem very inclinable to embrace Christianity and proposes
to send his son to school to Sarum to have him taught to read and
write by way of foundation in order to a further proficiency for
the reception of Christianity I readily offered my service to instruct
him myself and having the opportunity of sending him to M''
Garratts where I lodge being but three miles distance from his
Town. Rut he modestly declined it for the present till a general
peace was concluded between the Indians and Christians I found he had
some notions of Noahs flood which he came to the knowledge of and
exj)rest liimselfe after this manner — My father told me I tell my Son
But I hope in a little time to give the Society a better account of him as
well as of those peaceable Indians under his Cbmmand Theres one M''
Mashburn who keeps a school at Sai'um on the frontiers of Virginia be-
tween the two Governments and neighbouring upon 2 Indian Towns
who I find by him highly deserve encouragement aiid could heartily wish
the Society would take it int(» <'onsideration and be pleased to allow him
a Salary for the good services he has done and may do for the future.
What children he has under his care can both write and read very dis-
tinctly and gave l)efore me siieh an account of the grounds and principles
of the Christian religion that strangely surprised me to hear it. The man
upon a small income would teacii tlie Indian Cliildren gratis (whose
parents are willing to send them could they but pay for their schooling)
as he would those of our English families had he but a fixed dependency
for so doing and what advantage would this be to private families in
particular and whole Colony in general is easy to determine, Since my
coming in the country (I thanlc God) I have had my health perfectly
well and during the continuance of it shall be indefatigable in the dis-
charge of that great trust that is reposed in me observing at the same
time the Societys method of writing over every six months with an
Account of the services I have done and what larger advance I have
made to tlie furtherance of Religion & enlargement of Christs King-
dom— As for the eating part I have fared but very indifferently since
my arrival in the C'ountry and find for the future must with Virgils Shep-
herd be satisfied with my Mitra poma castaneas nuces — ^and as ordinary
as I am like to live must give twenty pounds yearly for my board I was

860 COLONIAL RECORDS.

in hopes the Assembly would take care tu provide me my table free but
tlie Country's so poor that 1 can expert nothing of that nature from 'em
I desire Sir You'll thiuk of me the next general meeting that I may
have an order for my £10 worth of books which I'll take care to send
one to wait on you for them Dr. Brays public library is all dispersed and
lost by those Avretches that don't consider the benefit of so valuable a
gift I cannot forget the uncommon civility that was shown me on my first
landing at Hampton in Virginia by one j\Ir. Kearney a Merchant of that
place He was a perfect stranger to me yet showed his great readiness to
supply me with money to buy me a horse and to transport my goods for
Carolina and had any thing else been wanting he would have furnished me
and only as he told me for this great consideration of setting forwards
a good work and serving the Society It has one way or the other cost me £20
in the Country and been expensive beyond imagination I presume you
are no stranger to the Indian War which has some time since begun and
continues in the barbarous Massacres of so Many English Inhabitants
Most families of Pamlico hourly feeling the etfects of their Cruelty nor
truly can the Gov' promise himself one hours safety being continually
alarmed by the Tuskarora Spies in his own Quarters Col' Boyde was the
other day sent out with a party against the Indians but was unfortunately
shot through the head and few of his men came home but what shared
in his fate and fell sacrifices to the same common misfortnne — They
sculck so in parties in the Woods that common prudence obliges the
inhabitants (as the snrest method of pi-eservation) to keep to their planta-
tions and several of them told me that when they lie down in their beds
(they ai"e so often invaded) that they cant say they shall rise morning-
Assistance is sent for to Ashley River and CoP Hyde flatters us with the
hopes of either cutting 'em off or obliging 'em to a peace But alas I fear
all this without reason The people are so impoverished by the War that
I wonder how tliey pay theii* qnit rents to the proprietors I am siu'c it
would be highly Charitable in the Ijords to forgive them for these ten
vears to come I like the Country far better than any I have hitherto
seen and certainly by nature tis one of the best in the world and were
but the Inhabitants freed from the dangers of the War they might enjoy
the blessings of plenty as well as all other comforts of life This is a gen-
uine Account of what I have done and ol)served in North Carolina and
shall take all opportunities of serving the Society (as I'm in duty bound)
to the utmost of my power as well as expressing my gratitude to you for
the many undeserved favors confer'd on

Sir Your most obliged faithful humble Serv'

G. RAINSFORD.

COLONIAL RECORDS. 861

[H. P. R. <). B. T. Virginia. Vol. 13. O. 128— Extracts.]

C0L0XP:L 8POTSWOOD TO THE BOARD OF TRADE.

ViRGixiA July the 26'" 1712.
My IjOrds,

^ * =!! *

It is with very great concern that I find myself still obliged to repre-
sent to your Lordships the unhappy situation of affairs in the neighbour-
ing Province of North Carolina; for since the ha.sty peace concluded
with the Indians (of which I gave your Lord.ships an account in ray last)
the forc;es sent from South Carolina are returned home, and the Indians
have eoraniitted two fresh massacres, and it is not likely they will stop
there, if there be truth in what one of their Chiefs concerned in the first
massacre hath lately confessed at his execution, that the senequas have
promised them a powerful assistance by the latter end of next month,
who are in their way to fall on some of the Tributary Indians on our
Frontiers, and what seems to confirm this is the account I have just now
seen in a letter from the Secretary of New York to the Governor of
North Carolina, that the French have l>een very active to persuade the
Senequas to join the Tu.scaruros, and it is to be feared prevailed with
them. The conduct of the Government of North Carolina from the be-
ginning of this Indian war has been .so unaccf>untably irregular, that it
has rendered all the measures I was willing to enter into for their assist-
ance ineffectual, and I hope when I have mentioned a few instances
thereof, your Lordships will not judge me only an idle spectatt>r of the
niiserys of my Fellow subjects. For fir.st, when I had engaged our As-
sembly to vote a considerable supply for the succour of that Province,
their A,ssembly which was then sitting, in.stead of acting in concert with
ours, fell into such heats among themselves, because they could not oblige
the Governoi- to adniitt into their former offices, the most notorious
fomenters of the late rebellion, that they would take no measures again.st
the common enemy : and to this behaviour of theirs may in a great meas-
ure be attributed that of our burgesses, who fell from their first resolu-
tions and could not thereafter be prevailed upon to give assistance to a
people so wanting to themselves. Next, when I had by a solemn Treat>'
made in the presence of our Assembly, engaged the upper towns of the
Tuscaruros to join in cutting off tho.se concerned in the massacre, and
had conununicated the same to the Governor of North Carolina. Tiiat

862 COLONIAL RECORDS.

Government instead of conoiirring with nie in the stipnkitions that pro-
vided solely for their succour, and the relief of their captives; rather
chose to denounce war against all the towns in general, and without wait-
ing to see whether those upper Towns would perform any of their en-
gagements, they immediately fell upon those very people wh(j (how little
soever they designed to execute their promises) hereupon argued that we
had violated ours. And lastly (f(jr I will not trouble your Lordships
with all the instances I could give) VVlien their whole Assembly joined in
an Address to me last spring, beging an aid of 200 men for the better car-
rying on the War and in that address told me that they had raised
£4000 whereby the suecoiu-s sent from hence would be provided for. T
thereujjon made extraoi'dinary eftoi'ts to assist them with 200 white men
and Indians as your Lordships will observe in the Journal of the Coun-
cil the 24"' of April last and accordingly directed the Rendevouzc of those
Forces on the 10*'' of May; yet upon my meeting the Governor of Nortli
Carolina to adjust certain ])reliminarys for the better carrying on the
service and the subsistance of the Tidops, f found that Government
never intended to furnish so mucli as piovisions or l)e at any manner oi
expence for them but on the Conti-ary had laid 10 'f* cent on all the pro-
visions carryed into that Countiy, so that the Forces sent to tlieir assist-
ance must not only l)e paid and subsisted at the Charge of this Govern-
ment, but must also pay a duty for the victuals they eat, while they were
imploy'd in tlie defence of that Country; and besides this 1 found the
Commander of their Forces had of liis own head, (•lai)t up a peace with
the Lidiaus upon very odd and unaccountable Conditions, which nobody
expected to last long, and it seems he did not intend it should ; for he
soon after surprized some towns, and cariyed off a great many captives
of those who looked upon themselves as secure under the Treaty he had
made with them, and by that means lie has entailed a new War on the
people of North Carolina in which he was resolved to have no share,
having imediately after set sail with his prisoners to South Carolina, and
the two Massacres I have aboveraentioned have been the i mediate conse-
quences of this M" Barnwells Treachery. These irregular proceedings,
both discourage and disable me from assisting the unfortunate People
of that Province, who must be forced to abandon all their settlements on
Neuse and Pamplico Rivers and thereby encourage the Heatlien to fur-
tlier attempts both on the other parts of that Country, and on our Fron-
tiers : and T must sitt down under the mortifications of seeing myself
unable to protect her Majesty's subjects, untill a nearei' approach of
danger convinces the people of this Colony of their ei'ror in not making

("OLONIAL HECORDS. Sfi;]

timely provision to hinder the growing power of the Heathen, and ahii-nis
both Conntrv8 to act more vigorously foi- their mutual defenee. It was
but the otlier day that a party of the Tusearuros killed o and wounded
two Nottoway Indians oni- Tributarys as they were hunting near our
Inhabitants, whieli seems only a prelude to what we may expect after
their conjunction with the Senequas.

I understand by some traders lately come from South Carolina that
they make great clamours there, as if our Indian traders had assisted the
Tusearuros with ammunition; but I'm persuaded your Lordships will
find enough on the Council Journals since September last, to refute that
report, and to satisfy your Lordships that this Government hath taken
all imaginable care to prevent any such Comniei'ce.

Your Lordships will observe by our Journals that even the trade with
the western Indians has been shutt up ever since last October, out of
consideration for the province of North Carolina, l)ut finding that trade
still carried on by the peojjle of South C.irolina, and that those Indians
have no correspondence with the Tusearuros I have again by advice of
the Council, opened the same for our Inhabitants, lest it should be lost
to us, and the Indians obliged to sue to the French for those supplys
which South Carolina can't furnish them, but still with this precaution
of taking 300 bond of every one of our Traders, not to trade with, nor
go near the Tusearuros or any cither Nation in Alliance with them. The
nations with whom this Trade is carry 'd on live severall hundred miles
from the Tusearuros. And as oiu- Traders assure me they must travel at
least fifteen hundi'ed miles to come at the most considerable of them who
live on the back of the mountains in the latitude of Virginia If this be true
(which I shall know more certainl}' at the return of our Traders to whome
I have given directions to make observations of the latitude) your Lord-
ships will no doubt think it still more unreasonable, that the Carolina
men 'should impose dutys and seize the goods of her Majesty's subjects
for barely passing through this Country.

Since my last I have had the honour of your Lordshijis of the P' of
February 17^ and shall always rejoice when any part of my adminis-
tration is acceptable to your Lordships.

I am with all diw respect

My Lord,

Your Lordships

Most dutifull and most
Obedient Humble Servant.

A. SPOTSWOOD.

.S(U COLONIAL RECORDS.

[Council Journal.]

North Cae(jlixa — ss

Att a Councill holden at y" house of Caji' T\nf Lee in Chowan on y'
;3P' day of July A"» D"' 1712

Present Hon"' P]dw* Hyde Y.^i.f Gov"" (Jap' Gen" Adni" &c
Tho^ PoHock

The Hon"' ' ^f^' Chevin j ^. ,^ ^,, ,,, j^ ,

* Iho reterson ' ^ ^ ' ^

(^ T Knight

A Proclamation for y' pardeuing y' Severall persons Concerned in y'
late Rebellions w* Co" Cary & for discharging Such as had given Bonds
for their appearance at y' next Gen" Court Except y' s** Cary Eman"
Low Jn" Porter Edm* Porter ct W" Tillett \vas Issued out & published
under y' Great Scale of y" Collony

Upon Petition of Jonathan Jeycocks adniin"^ of y*" Goods & Chatles
of William Wallis Dec'd setting forth that William Wallis an infant
Eldest Sone of y' afs* W"" is at jjresent with him & and under his Care
& he haveing likewise y' afs** Infants Estate pray's he may be admitted
Guardian to said Infant —

Ordered that y" Said Jonathan Jeycocks be and is hereby admitted
Guardian to y" Saiil W" Wallis untill he be of age himselfe to Chuse his
guardian.

Upon petition of Cap' tired Jones shewing that a tract of Land for-
merh' granted Isaac ^A'illson by pattent bearing Date 22'' day of May
1(394 Conteyneing 490 Acres lyeiug in perquimons precinct is lapsed for
want of Seating in Due time and humbly prays y' Same may be granted
to him

Ordered that y' Said Land !)e Granted to y" Said ftVed Jones as pray'd
for

Upon Petition of Joseph Callio an Inhabitant of Nuse Showing tliat
he and one Peter flbundgill was sei/.i'd of a tract of Land Conteyneing six
hundred & tlbrty Acres Sicuate on Bats's Creek in Nuse river as Joint
Tenants and that v'' Indyans have Killed y'' Said ilbungill and all Ids
tiamilv and burnt all their writeings belonging to y' said Land tt prays
an order of this Board to Survey y" said Land againe in his own right

Ordere<l that y" Said J(.)seph Callio have Liberty and Survey y" Said
Land againe in his owne right and that y" Surveyo'' Doe Survey y" same
and make returne thereof acconlingly

It is ordered by this Board that a Probat l)c Granted to y' La>t Will
<Sr Testam' of John Harris Dec'd

COLO.NIAL RKCOUDS. 865

Upon Petition of y° Exec"''' of y^ last will & Testain' of Jn° Harri.s
Dec'd by Tlio^ Snoden his Atto^ praying Apraisoi's may be appointed
to ajiraise y^ Estate of y° Said Jno Harris and also to make division
thereof persuant to y" said will

Ordered that Sam" Pagett Richard Lewis Jn° .lones Jun'' and Dan"
Halsey or any three of them Doe appraize and make division of y" Said
Jn° Harris's Estate according to that will and return a true Inventory
thereof into y' See'^= Office

Whereas by an act of Assbly Intitled an act Contirniing Survey of
Land already made, passed in an Assbly holden in march last It is En-
acted That all surveys allready made (Which are not prejudice y'' I/'
prop'"^^ rights or y'' Gov"^ or the presid' for the tyme or any particular
persons right) for any of the Inhabitants of this Governm' and ag' wliich
iioe Gomplts shall be made at or before y" next July Gonrt after y" pub-
lication of this act are hereby declared to be good and vallid in Law to
all Intents & purposes whatsoever any defects or Insufficiencys in
y° powers or authoritys for y*^ soe doeing to y° Contrary in anywise Not-
withstanding & that pattents may ct ought to be granted on y" afs* Sur-
vey's In pursuance of which act Complaints have been this tlay made
before this Board that divers tracts of Land have been Survey'd by
warr** signed by Co" Tho' Gary as Dep'^' Gov" or Presd' of y^ Councill
and Dated since ye said Gary was Superseaded in y" afs'^ authority and
this board haveing dnely weight and Considered y'' afs** Com])" are of
the oppinion that all Blank warr'^ or pattents signed by any Gov" or
presid' and not till'd up and Dated before such Goven"" or presid* be
supersceeded dead or otherwise removed the same is Invalled and of none
Eifect and if ffill'd up Dated & & made of use of afterwards is a great
rong & Injury to y^ Gov" then next Comeing and to y" people takeing
up land on soe grounless a ftbnndation

Wherefore It is ordered by this Board that all y' Serveys that have
been made by virtue of an\' warr" Signed by Co" Tho^ Gary as Dep'
Gov" president of y'^ Councill tt not fill'd up and Dated before y° pid^li-
cation of y" Conimission from y" Ld' prop'"' directed to their presid' &
Deputys by w"*" y" Said Gary was removed from y" s** Office be and are
hereby declared Vt)id & of none Eifect all pattents and rights granted
thereon, And that if any pesons that has had any Land Survey'd on such
Warr' have paid any money for y" Same the person to whome y* Same. is
paid Shall pay y^ same back again and the same persons shall have y* pref-
errance to take up y^ Same Land again if they think litt And the Sec'-^ is

105

8G6 COLOiXlAL RE(JORDS.

hereby Onk'iod to lay l)etbre tliis Board all i^iich warr'" as ho shall (lud
in his Office & Cause this order to hv piiljlished in every precinct —

Upon Petition of Cap' Lyonell Kcdinji; praying Letters Adni''"" u})on
}'• Plstate of C'apt James Beard Deed as greatest Ci'cdito'^ to y" s" Estate

Ordered that he have Letters of Adm"™ on y" Estate of y" said James
Beard Accordingly And that Tho' Worsley Jn" Adams Edw'^ Carter &
W" Gray or any three of them being first Sworne Doe appraise y" Goods
& Chatties of y° Said Beard and make retnrne thereof to y'^ Sec'^' Office
accordingly —

The Hon*"'' the Gov'' having represented that there is a necessity to send
an Express to one Martin an Indyan Trader on y" head of Poto-

mack to gett Intelligence from him of y^ motion of y" Seneca Indyans.

Ordered that y" Gov" Doe send such person as he shall think to y' said
Martin w"" such Letters and Instructions as he shall think proper —

It is ordered by this Board that a Messenger be tcn-thw"' Sent with In-
structions from y^ Gov' to y* Nation of Indyans Called y' Saponees to
Endeavor t(j gett them to engage ^y"' us in this present warr ag' y' heathen
upon such Conditions as they shall think fitt And to promise them on
behalfe of this Governm' that if their wives & Children will come into
this Country they shall be protected & ])rovided for in the meanwhile —

Information being made to this Board that M"" John Porter Sen"" has
seized upon divers Goods in Custody oi' W"" Moody Terrence Beine ct
Nathan* Beard who was supposed to have feloniously st(»le y^ said Goods
Whereupon It is ordered be forthw* Sent for and I^odged in y' hands &
Custodv of y^ Hon''*'' the Govern' until y' persons afs* be acquitted of s'*
ffellony or the true owners of y^ s'' Goods doe Appeare and make their
Claime Appeare to y" Same —

It is ordered by this Board that a Shallop belonging to Richard Sil-
vester of Virg" whereof Richard Jasper is at present master be forthw"'
Imprest into y' Countrys Service and Dan" T^cwis and Matliew Midgett
doe apraise the same w"' all her takic furniture and apperell and make
retnrne thereof to this board

Upon Complaint to this Board by Cap' ffri'd Jones that great quanti-
tys of Salt was Irregularly taken from his house at Matchepungs
under pretense of Suporting y" Gai-risons therealtout and pray's that y"
Same be returned to him in Kind

Whereupon It is ordered that W™ Barrow and Isaac Jacobs who tooke
part of y^ said Salt away shall returne y" Same quantys of Salt againc
by y' tenth of Octo' next at y* afs** house of y'' said Jones in Matche-
pungo afs'' as thev did take awav

^ T KNIGHT Sec''>

COLONIAL RECORDS. S07

[CoDNCiL Journal.]

North Carolina — ss

Att a Coiincill lioklen at y° liouse of the Hon'''" Edw'' Hyde Esq'' in
Chowan on y" 9 day of Aug' A"" 1712

Present tlie Hon"" Edw'* Hyde Esq^ Gov' &c
r Tho^ Pollock )
The Hon*"'^^ { Tho^ Peterson } Esq' L"^ proii"--' Dep*
( T Knight J

It is ordered by this Board that Cap' W" Rawlason be Imploy'd in
y* Countrys service as master of y* Sloope Returne belonging to the
Hon*"'" Barron De Graffenreid and now lyeing a ground in Nuse River
and that be forthw"" doe take y" Said Sloope into his Charge and En-
devour to get her oft" and put her in order fitt for y* Country Services
and that Maj' Gen" Pollock be Thereby Impowered to agree w"" y^ Said
Rawlason for his wages and give him such Instruction as he shall think
fitt for that purpose And that y* Said Rawlason doe as soon as Conven-
iantly he can after he has rec'd y" said Sloop in to his Custody give an
aoco' to this bord w' Condition Shee is in And it is hereby further Or-
dered that Charles Worth Glover y* present master of y' Said Sloop doe
Imeadiately on sight hereof deliver to y° Said Rawlason y" said Slooj)
and all y" sailes Rigging or other things belonging to y" Said Sloop as he
has in his Custody and that he be discharged theivfi-oni
By ord' of y'^ Councill
" " 19 T KxiGiiT Sec'y

[From N. ('. Letter Book. S. P. G.]

LETTER FROM REV. MILi:S GALE, RECTOR OF KIGH-

LEY.

KiGHLEY, IN Craven, Aug. 26, 1712.
My Lord : —

I am informed by letters from my eldest son, Mr. Gale, who has
been an inhabitant of North Carolina these eight years, and borne
.several oflices in that unsettled government, that the religion of that
countrv is at a verv low ebb, and that little stock carried over, in dan-
ger to be totally lo.st witliout sjieedy care of sending ministers to teach
the word of truth.

868 COLONIAL RECORDS.

That North Carolina lias been inhabited by the English eighteen years,
and in all that space they have had l)ut (jne elergyniaii, and he left them for
want of enconragement ; and that for these last eight years they have had
none; so that all the children under that age remain unbaptized, of which
many have been cut off by a late massacre. The unhappy divisions
among the English into parties, encouraged two sorts of Indians, the
Corees and the Tuscaroras, to come, down upon them and cut off about
two hundred, the rest securing themselves in small garrisons made of
private houses. According to ray son's request, I hereby present your
grace with the present sad circumstances of that fine and fruitful coun-
try, not doul)ting of your assistance in so pious a work as the establish-
ment of Christianity in a heathenish country. That your grace may live
long to God's glory, the world's goods, and your own happiness, is the

hearty prayer of

Your most obedient and humble servant,

MILES GALE.

[15. P. R. (). B. T. Pkoprieties. Vol. 30. p. 374.]

August 27"' 1712.
To the Right Hon"^ the Lords

Proprietors of Carolina.
My Lords.

Her Majesty is very much surprized to find that several of her sub-
jects have lately been sent here in Custody, from some of the Plantations,
without any Evidence of their crimes; Whfch as it is a practise very
injurious to the particular Persons, who fall under the misfortune, it is
likewise very derogatory to the Honour of Her Majesty's Government.
And therefore we are Commanded to signify Her Majesty's Pleasure, that
your Lordships give directions to the Governor, that he do not upon any
occasion send any of Her Subjects hither as prisoners without good Proof
first made of the Crime, and that Proof transniitted along with the

Prisoner.

We are,

. My Lords

Your Lordships

Most luunble servants
^ GUILFORD.

PHIL. MEADOWS.
ARTH. MOORE.
Whitehall T. HYNDE COTTON.

Auoust the 27'" 1712.

COLONIAL RECORDS. 869

[From Pollock's Letter Book.]

Sept 9'" 1712
Gentlemen

After mine to you t)f yesterday's we Imd the great uiistbrtiine to lose
our Governor, who deceased yesterday about 1 2 of the Clock of a violent
fever, had held him seven days; and hath left us in a most deplorable
condition : a barbarous enemy to deal with ; a scarcity of provisions,
l)pinij,- scarce able to supply our garrisons and what small forces have out;
and, the worst of all, a divided ungovernable peo}>le. But hope Cjod in
liis gooil time will deliver lis iVom all these alHiction ami ditliculties

[('ouNcii, Journal.]

The Hon^'"

E.<q'- Lds jirop''*^ Dep'y

North Carolina ss

Att a meeting of L'*' prop" Dep'^'' at y^ house of y" Hon''''' Maj'' Gen"
Pollock in Chowan on tlie 12 day of Sep' A"' 1)"' 1712 where was
Tho^ iPollock ^
Tho^ Boyd
Nath Chevin
W" Reed
^ Tob' Knight

It having pleased Almighty God to take out of this life the Hon'"'''
Edw"" Hyde Esq'' late Gov' Cap' Gen" & Adm" of this province the
above named Dep'^*^ In persuanee to y' L'*^ prop"' Instructions & for y*
better Governm' of this C-ountry and preserving y'' peace of y' Same
Doe unanimously make Choice of y'' Hon"" Maj'' Gen" Tho' Pollock to
be prcsid' of y'^ Councill & Comand" in Chief of this Governm' untill
the Lds prop'"'" pleasure be farther Knowne

And tiiere upon y'' Said Tho* Pollock Solemnly tooke and Subscribed
bv Law appointed to be taken by Law for his quallification together w"*
the Oath appointed to be taken by all Gov"" & Command"' in (!hiefe for
v" Due Observation of y" Lawes of Trade and then took his place at y"
Board accordingly

Att a Councill holdcn at y'^ tyme and place above .s''

Present
The Hon*''" T\uf Pollock Esq''
Presid' of y" Coinicill & (Jomaud' in Chiefe
TIk/ Bovd 1

'HI TT i,iP I Nath Chevin ! ,, ^ r <i- tm t^ t

The Hon'"^ [ ^^^ ^^.^^ , Ls./ L" prop'" Dep'-

Tob' Knight

870 COLONIAL RECORDS.

Maj' Christopher Gale presenting to this Board a Deputation from y"
Lady Eliza Blake (Juardiaii to Josepli Blake fi^scf a minor and one of
y^ true and absolute Lds prop"'' thereby appointing him to be Deputy to
y° Said Joseph Blake which was pul)lifkly read allowed of and ordered
to be recorded And there upon y° said Christopher Gale tooke and Sub-
scribed the severall Oathes by Law appointed to be taken for his ([ualli-
fication & then tooke his place at y° Board accordingly

Then a proclamation was pul)lished in following words (Viz')

For as much as it hath pleased Almighty God to take out of this life
the Hon^'^ Edw" Hyde Esq' late Gov' Cap' Gen" and Adm" of this
province and the Lds prop'" Dep'^" having thought fitt for y' future
good Governm' of this Country and for preserving the Peace and Tran-
quillity thereof to make choice of the Hon"' Tho' Pollock Esq' to be
presid' of the Council and Comand' in Chiefe of this province until y*
Lds prop'" pleasure be farther knowne Whereupon wee doe by this our
proclamation strictly on her Maj*' bchalfe require and coraand all her
Maj'^ Ijoveing Subjects within this Governm' to render their Due obedi-
ence thereto And doe hereby also farther declare all comissions both mll-
litary and Civill ct all process depending in any Court of Record in this
Governm' are and shall stand & be in i'ull ibicc ])ower t^' virtue untill
farther ord' from this Board (Jiven &c

Upon complt to this Board by Co" Mitchell cV: Col Aloz' Mackey that
thcv have rec'd divers conciu-eing Information ag' Thomas Cox Sen'
ct W"" Stafford Sen' of Corretuck for that they did in a Mutinous mancr
Seduce i^ draw a side divei-s men who had Enlisted in y' Service of this
Governm' to y' great Detirment of y" present Ex])edition ag' the Indyan
Enomy

Whereupon it is ordered by this Board that y" Hon'''* Maj' W'" Reed
doe Issue out his ord'^ to Such persons as he shall think fitt to aprehend
A take y' said Tho' Cox and W" Stafford & Carry them before y" said
Co" Mitchell & Co" Mackey to be jauiished as y" Lawes in that case re-
quires Only in Case they shall be adjudged to Death It is liereby ordered
that y'^ execution be suspended untill farther orticrs from tliis Board of
which advice is given to Co" Mitchell & Co" Mackey

Upon Petition of Tho' Roper Showing that his bro' Jno Roper is
Dead without will and that y'' Said Jn"' Widdow is a Distracted person
and not Capable of taken out Administratii>n on her dec'' husband Estate
therefore ]irays Administaation may be griuitcd to him on i)chalf of y"
said Widdow & Children

COI.OMAi. liECOKDS. 871

Ordered that Adiniiiistraliim he jiiaiited to y" Said Tlu/ on hehalfe of
y° said Widdow & Children accoi'<h"ii<i]y

Upon Petition of Jonathan Batcnian |H'ayin<;- y' a C'ertian Negro
("ailed Marvey which he honiiht of one .fno Butler hronght from South
("ai-olina and now in y" Custody of y" INIarsIi" may he redelivered to him
And it aji|)earin<i- to this JJoai'd that no one hath any Just Claime to hi)n
It is ordered that y'^ Marshall doe deliver y" afs** Negro unto y' Said
Jno" Bateniau he paying y" fees due thereupon & giving sutfeieent Se-
eurity for y*" Dutys and for y'^ Iin])ortain of the s"* Negro.

Upon Petition of Daniell Jones Showing that Edward Wilson is Dead
without will and that Sarah his wife together with Eliza Wyatt Wite of
Sam" Wyatt are Daughters & Coheyres's & nearest of kind to y" Dec'd
& therefore pray',vLetters of Administration on y" Said Edw* Wilsons
Estate

Ordered that I^eters of Administration be granted on y" Said Estate
of y' Said Wilson to y' afs" Dan" Jones & Sam" Wyatt on behalfe of
their wives afs*

And that Cap' Jno Pettiver Jno ftaleoner Tho' Paris & Tho' Avery or
any three of them doe make Division of y" afs** Estate between y^ s*
Dan" Jones and y' Afs* Sam" Wyatt

Upon Petition of Tho' Long Exee'^ of y" last will and Testam' of
Robert ftendall DeeVl praying Apraisors may be appointed to appraise
y' Estate of y" Dee'd

Ordered that Maj'' James Coles tfi-a Beezly James Ward & Joshua
Calloway or any three of thcMn doe a])})i'aise v* said Estate and make
retnrne accordingly

Whereas there has been Twenty new Guns and Snme Amunition sent
unto y* Hon'''' Edw'' Hyde Esq' late Gov'' from So Carolina foi- y" Ser-
vice of this (TONernni' And Mad" Catha Hyde wi'dd & Relict of v* said
Edw'' Hyde being tiesirons that y" Governm*^ Shoud take into their })os-
session the said Guns and Amunitions for v'' said service afs*

It is ordered by this Bo:u'd that y"' said Giuis t't Amunition be put into
y' Custody of y'^ Hon'''* the ])rcsident to be by him apjilv'd to v" Service
of y* Govennn' as he siiall tliink most jjroper and that he give Mad"
Hyde a reep' for y" Same

It is ordered by this lx)ard that Maj' Cleve be provost Marsh" for v"
County of Bath and that a Comission for that purpose be prepared ag'
y" next Couneill and that he then give in security to y^ presid' for v*
Execution of his said Office according to y'' Act in that Case made And
that he have authoritv to Act in v" Said Office in v*' mean while

872 COLONIAL RECORDS.

UiJon petition uf Haiiiiaii Smyth jtrayiiig ajiraisors may he appointed
tu appraise Sucli part of y" Estate of Jii" Lawson DeeVl as is in tliis
County of Albemarle

Ortlered that Co" Tho* Boyd Maj'' Christo Gale & Tobias Knight Esif
doe appraise y" said instate and make returne thereof accordingly

It is ordered by this Board that Tho^ Pollock J"" be appointed vSurvey"'
den" of this Governni' and that a Comission doe Issue out to him
accordingly And then y* Said Tho' Pollock .J' tooke and subscribed the
severall Oathes aj)pointed to taken for his (piallitication And Co" Tho"
Boyd C-ame and asstnned upon himselfe to be security for y° Said Thomas
Pollock .P according to y" Laws in that behalte made

T KNIGHT THO' POLLOCK

C GALE TPIO-' BOYD

N CHEVIN W" REED

[From Pollock's Letter Book.]

Septl5'M7]2.
Gentlemen

The Impertunity of the Council at this juncture hath prevailed with
me to accept this place, much contrary to my intention and inclination.
And these few lines are only to acquaint you that you may be assured
that their shall be nothing wanting of ray endeavours in hastening out
what forces I can to your assistance, As for those tw(i men at Curetuck
Cook (?) and Stafford, the highest punishment you can inflict on them I
believe it little enough. But I should be very much troubled, if my
administration should begin with the death of any of our people.
Wherefore would desire you, if the Com-t-martial do proceed so far as
to give judgement of death upon them, to respite the execution until
you have an answer and result from me, and the council. (Tcutlcmen,
God almighty give success to your endeavours; which shall be the daily
prayer of, Gentlemen,

Yours

.\. true copy sent by Major Chevin

COLONTxVL RECORDS. 873

[Fkom Pollock's Letter Book.]

A TRUE COPY OF A LETTER TO THE LORDS PRO-
PRIETORS DATED SEPT 20"' 1712

May it please your Lordships

Amongst the many and great j udgeinents it hath pleased God to inflict
on the poor people of the north part of your Province of Carolina, the
death of Governor Hyde is none of the least. For thereby we have not
only lost the great interest we had with your Lordships, but also with
the neighbouring Governments ; and albeit he and the Council have used
their utmost endeavours to unite and reconcile all differences among the
people, in order to which (according to the purport of your Lordships'
instructions to him) have issued out a proclamation, pardening any that
had any hand in the late rebellious practices, excepting only Col Thomas
Cary, M' John Porter Sen', Edmond Porter, Emanuel Low, M' Roach, and
two or three more here, who have been chief instruments in stirring up the
jieople. Yet notwithstanding, it hath not produced the desired effects,
the peo2)le still continuing stubborn & disobedient; some few evil dis-
posed persons still blowing up the coals of dissention amongst them, to
the great hindrance of carrying on the wars against the Indian Enemies.

The real desire to serve his Majesty, yoiu' Lordships, and the poor
people here, with the impertunity of the council here, have forced me to
accept of the administration at this time when the country seems to labor
under insuperable difficulties, when in more peacible times I have re-
fused it. And I assure your Lordships, that I will faithfully and truly
serve you to the utmost of my power and knowledge, until you ai'e
pleased to appoint some other In the mean time think it my duty, as
briefly as I can, to lay before you the true state of the ciountry.

The people of this country are greatly impoverished: them at news and
Pamptico having most of their houses and household goods burnt, their
stocks of Cattle, hogs horses, &e, killed, and carried away and their
plantations ruined by the Indians : they forced to secure themselves in
forts ; as we likewise on the south southwest shore of Chowan, where I
live, are forced to do. Then, we in Albemarle County are forced to sup-
ply those in News and Pamptico with grain, and the forces we send from
hence, likewise the Ashley River Indians ; whereby our trade is ruined,
their being no gi'ain nor little or no pork this tw\) or three years to send
out; so that what few vessels comes in can have little or nothing, unless
106

874 COLONIAL RECORDS.

a little pitch or tar: so that many have not wherewith to pay their debts,
and but few that can supply themselves with clothing, necessary for their
families. Then the public is several thousand pounds in debt for
mens wages employed in the country's service, ammunition, provisions,
vessel's hire, agents, and messenger's charge to our neighbouring govern-
ments, and several other tilings too tedious to trouble your Lordship
with.

The Indian war continuing still, disentiou and disobedience as much
as ever amongst the people, which with the want of ready pay to pay
off the people that have been out in the countrys service, is the greatest
mischief of all : so that albeitt in our last Assembly we had an act made,
that every jjerson that would not go out in the country's service against
the Indians should- forfeit and pay five pounds towards defraying the
charges of the war : Notwithstanding which act few or none would go
out; albeit Governor Hyde was just lieginning to put the Law in execu-
tion, when he died there being now but 130 or 140 men in all at News
with Col Mitchell and Col M°Key, who are commander for the expedi-
tion against the Indians, too f " in number to conquer the Tuscaroras ;
only in hopes of getting some men from this county, and also are in Ex-
pectation, (by letters from Governor Craven and our agent) of Indians
from South Carolina to assist us. There has been likewise some Tuska-
rora Indians with the Governor of Verginia and pretend a great
willingness to a peace, In order to which, they are to be with him
against the 28"" of this Instant September, where we send in like-
wise two agents M' Tobias Knight, and Major Christopher Gale; not
with any expectation of the Governor of Verginia making a peace for us
for that would be dishonourable to your Lordships, and a means to render
us contemptible to the Indians, but to see what articles they propose.
But I believe this pretending to peace is only for delaying of time, until
they get their corn gathered in their forts, and until they see if they can
have any help from the five nations, Confederate nations of Indians,
commonly called Senecas. Your Lordships may see by this brief rela-
tion, what inextricable difficulties we are plunged into; our enemies
strong, and numerous, well provided with armes and ammunition ; our
people poor, dispirited, undisciplined, timorous, divided, and generally

disobedient, and not only a great want of armes and ammunition

but likewise the poor men who have been out in the service of the Coun-
try for want of their pay are in want of Clothing, so that they are not
well able to hold out in the woods in the cold weather after the Indians.
And if the Government of South Carolina had not assisted us, with their

COLONIAL RECORDS. 875

Indian in probability News and pamptico had been deserted, and I believe
a great deal more of the Country by this time. And in all probability,
if Col Barnwell had done his part, albeit the most part of his Indians
had left him, the war had been ended by this time. For Col. Mitchell a
Swiss Gentleman who came in with Baron Graffenried, having continued
to draw the trenches within eleven yards of their fort, being only pali-
sades and had raised a battery very near, and had planted two great
guns, had got great quantities of lightwood and combustible faggots to
fill all up between the end of the trenches and the palisades so that the
Indians within the forts (who were in a manner of that had any hand in
the massacre) would have surrendered on any terms ; yet he made a sham
peace with them, and let them all go, which he and they both broke in
a very few days after. The taking of this fort (where the most of our
Enemy Indians were) would have discouraged the rest so mwh that they
would have either complied on our terms, or left the country, and would
have encouraged our peojjle much in taking so many slaves. And albeit
Col Barnwells Indians killed 40 or 50 Cores, Bare River, River Neuse
and Matamusket Indian men, and took near ujjon 200 of their women
and Children, yet in all the time he was here, not above .30 Tuskarora
Indians were killed, that we can hear of: the others being small nations
not able of themselves to hurt us. All these things I doubt not Gov-
ernor Hyde hath given you a large account before this time. I ho})e
your Lordships will consider our distressed condition, being greatly in
want of armes and ammunition.

I hope the consideration of the great extremity we are brought to, that
we are Christians, Her Majesty's subjects, and your Lordships' tenants,
the venturing of our lives and spending our Estates for the preservation
of your Lordships' land, will move your Lordships to assist us by such
ways and means as your Lordships shall think fit : especially with armes
and ammunition, or 20 [Big-guns] and round shot answerable, 200 small,

good, with fixed firelocks, or 000 gun flints, which I

hope sufficient to carry on and finish the war, and may be a publick
magazine to be kept always i-eady for the defence of the country. Also
think It my duty to Inform your Lordships, that there is several tracts
of land, that people have taken up ^nd surveyed, upon pretence of pur-
chase, some three four and five years since, and some longer, without
either settling or (paying for) tlie same : which hath been a great hin-
drance to the settling of the (people) ; and seems to me a great damage
to your Lordships, they paying no rents for the same, and we having had
several disputes In Council, but could not determine any tiling therein,

876 COLONIAL RECORDS.

wherefore would earnestly desire yuur Lordsiiips" iaslructioiis thereauent;
and wliereas yonr Ijordsliip.^ seem to incline that our laws shall hold in
force only two years, I shall lay before you the great inconveniences
thereof. First : several benificial laws would (fail) which we could never
be able to revive again, as the vestry act, which empowers the vestry to
build and keep in repair Churches and Chapels, and to raise stipend for
the ministers of the Church of England ; which act was great struggling
obtained when the (Quaker?) party were not so numerous as they are
now ; and albeit they are not permitted to sit themselves in the assembly,
yet, bdng the most numerous, they choose such members as are guided
and directed by them, and (one) commonly worse than they themselves
would be. Then it would give a great opportunity to every Governor or
President, eveiy two years to impose on the people by his i-efusing to
give his consent to the passing of the laws, unless his demands were
allowed, which hath been (to my knowledge) very prejudicial to the
Country, and by it sometimes we have been without any laws at all of
our own in force. I leave it to your Ijordships' consideration, if it would
not be as well to have the body of our laws sent to your Lordships to
confirm, or disallow, or suspend, which of them you shall think con-
venient.

I shall add no more, but that peace and prosperity of this your Lord-
ships' country shall l)e the chief endeavour of him who is

[From Pollock's Letter Book.] ;

A TRUE COPY OF A LETTER TO MY LORD CARTERET,
DATED SEPT 20'" 1712

May it please your Lordship

Having been your Fathers and your Deputy here about these twenty
years last past, which your Lordship hath favourably confirmed, think it
therefore my Duty to infm-m you of all matter of moment relating to
the government here. The death of Governor Hyde hath been of fatal
consequence to this government, who hath laboured under abundance of
difficulty since his arrival here, by the divisions and differences amongst
the inh'al)itants here, and the Indian war, all which I believe I may truly

[declare] hath been chiefiy occasioned by and some few evil-disposed

persons, with the whdlc body of the Quakers [who] joined them, and

COLONIAL RECORDS. 877

were chief instruments to stir up Col. Cary to art as he did ; and albeit
these Quakers were very active in pnrsuading and assisting the people to
rise for Col. Cary against Governor Hyde, yet now in this Indian war,
wherein News and pamtico, and the south and southwest shore of Chowan,
which is the best part of the government, and in great danger to be
greatly deserted, yet they neither will assist themselves nor suffer others,
but hinder and dissuade them, all they can, they having great inflnanco
on the common people, and will not so much as send their amies to those
who are willing to go, and, as I am credilily informed, hide them for
fear of their being pressed : and albeit at the last assembly with much
struggling we obtained a law that every person between 16 and 60 years
of age able to carry amies that would not go out to the war against the
Indians, should forfiet and pay £5 towards defraying the charges of the
war, yet it hath not had the desired effect, most of all the people refusing
still to go : the distemper hath been so epidemical that Governor Hyde
could scarcely iind any person that would undertake to levy the fines
aforesaid. So that we labour now under these difficulties following. — an
Indian War heavy upon us. The public some thousand pounds in debt;
not able to pay off men goes out to the war,iwhich greatly discourages
them, there being no way to jiay them lint by these fines, which will take
a long time and be very difficult to raise, and some customs laid on goods
imported, which ; our trade now quite foiling, comes to nothing, and lastly
the disobedience and stubbornness of the people, which is of more conse-
quence than any of the rest, and chiefly occasioned by these Quakers and
some few other evil disposed persons, wht) have been a plague to this
government these 4 or 5 years last past who easily may be known by
Governor Hyde's reiterated complaints against them to your Ijordships.
I out of the great cofidence of have of your Lordships great and
good character, and intending to lay every thing from me belonging to
this country, at your Lordships feet, have inclosed a letter from me to
your Board, begging the favor, after your perusal, to have it sealed and
delivered at the Board, and that your Lordship, with his Excellency the
Palatine and the rest of the true and absolute Lords Proprietors, will
assist, what you can, this poor distressed people, not only with amies and
ammunition which is greatly wanted, but with what influence your Lord-
ships hath over the government of South Carolina, which are the most
capable to assist us with their Indians, and with the least charge, as like-
wise I doubt not your Lordships may procure Her Majestys order to the
government of Verginia, who are near and may readily help. If your
Lordships have any intention of taking up a maun in this govermuent.

878 COLONIAL RECORDS.

and if the Indians are conquered, there is by report, a seat of extraor-
dinary land upon Nens River above 25 miles higher than Baron Graf-

fenried's settlement. Navigation to it with boats or shallops Col

Barnwell, commander of the Indians from South Carolina, expected to
have had it : Gov. Hyde had entered it, but by his death it is clear.
There is several hundred of acres of clear plantible ground, being cleared
about three miles long the river side, and will undoubtedly be of great
value. I will endeavor to reserve it untill I understand your Lordships
pleasui'e. I being informed that some person here, supposing that the
gentleman whom your Lordships have commissioned General Surveyor
of' this county will not think it worth his time in coming over here and
have therefore sent over to procure the place for themselves. Governor
Hyde and the councill having in some measure to make up the great
charge I have been at these wars, bestowed the place on me, and since
his death, with consent of the council bestowed it on a son of mine. If
your Lordship tlijnks it convenient to procure it for him, it shall beside
full satisfaction for the charges of the commission, Ik- always most great-

fully acknowledged by

Both sent liy the Baron.
How to direct to Lord C^arteret— To the Right Hon"'' Lord John Cart-
eret, at the Lord Waymouth's, in St James Square London.

[From Pollock's Letter Book.]

SENT BY LIEUTENANT WOODHOUSE AND THO^
JOHNSON

October 3 day 1712
Gentlemen Friends and Neighbours,

I have recieved and with grief of heart considered your address to the
Council, and shall lay it before them as soon as I can get them together,
and in the meantime shall use my uttermost endeavours in redressing
your wants of men, provisions, and ammunition. Captian Norton as I
was informed by M"" Knight, sailed last Saturday from pasquotanke in
Major Reed's sloop with 30 or 40 men, provisions, and two Barrels pow-
der and ten Barrels I think of shot. M' Benjamin Tull and George
Tomson, who were here last night, informed that last Sunday they left
Major Cole in a periago and a shallop, with provisions with him at
Croaton. I have sent now this morning by M' Tull and M' Tomson a

COLONIAL RECOKDS. 879

barrel of powder and ten new guns, they are likewise inipowered to take
up and carry back all deserters they can meet with or apprehend. I have
likewise appointed M' Furnifold Green, Commissary to impress and sup-
ply the array with anything that is to be had in Bath County : and be-
cause our corn hei'e will not keep to l)e carried round to the army, yet
the corn there in Bath county, in some places may, and they may be re-
paid from here, as soon as conveniently can be. As for meat, I have
writ to M"^ Jordan, and have his answer, that he hath a Shallop almost
ready to sail for the army, with beef, and that all the people in general
are very willing to assist the army what they can. You have t^vo 2)roc-
lamations sent you, both of tlie same tenor, confirming all officers both
civil and military. The first was sent by Capt'° Cleeves about four days
after the Governor funeral : the other by Capt" Stone.

Gentlemen and Friends, our all lies now at stake, our country, our
wives, our children, our estates, and all that is dear to us. Let us there-
fore bear with patience some hardships ; let strive against all difficulties.
Who can tell but God hath appointed you to be the defenders and deliev-
erers of our country? We have lost one oppertunity already of deliver-
ing of our country in not taking Cotechny fort last spring, and, now an-
other oppertunity is offered, for God's sake let us make us of it; for if
we lose it we can never in reason expect such another. The Indians, as
we are informed by Tom Blount who was in here four days last week, are
very scarce of provisions, and ammunition, so that they can not, as he
says, stay in their forts. And I doubt not the Ashley River Indians will
clear the woods of the vermin, and force them into their dens, I mean
their forts, which they cannot be able to hold long, for want of provision,
Ammunition, firewood and everything necessary.

Wherefore. Gentlemen, let us look to God, and implore his assistance
and direction Let us lay aside all animosity, difference, and dissentions
amongst ourselves; ,Let us shun such, as we would shun the plague, that
endeavour to raise mutinies, or to sow the seeds of dissention amongst
us. As for my own part, I take God to my witness, that I have not
been wanting, nor shall not to the best of my knowledge and power, in
my true endeavours for the country's good. The peace and prosperity
whereof shall be still the chief and only aim of him who is in all sin-
cerity. Gentlemen

880 COLONIAL RECORDS.

PRESIDENT POLLOCK TO THE GOVERNOR OF VIRGINIA.

[From Pollock's Letter Book.]

Octo. 5"^ 1712
Hon* Sir

Our agents M"" Tobias Knight and Major Gale were here the 28"" of
the last Month, in order to liave waited upon your honor, concerning the
meeting with the Indians. But Tom Bhnint having been here some days
before', T have told him that your Honour and the council in Virginia
expected him in, about that time, and that it would do well to goin ac-
cordingly ; he answered that a messenger from you told him that he should
be in in forty days, or at farthest in sixty days, and by that time he
would be in with you. He seemed to be very earnest for peace, and to
have a trade as formerly, which I utterly denied him, unless less he would
engage to bring in Hancock, and cut of all these that had any hand in
killing and robbing the inhabitants here, and bring in their scalps. And
for his pretending the want of ammunition, I promised him if he would
bring in twelve hostages from each town or fort that I would let him
have ammunition; only for his own town we would desire no hostages,
for the trust that we put in him, of which proposal he seemed pretty we
satisfied, and was sure, he said, of four of their towns that would agree
with [us], and he believed all would ; only he would go home, and con-
clude with the rest, and be in here again the 17th of this month, and
from hence he would go staight to your Honor; at which time our agents
will be in with him. He was earnest with our interpreter to go with
him, and seemed to have no great confidence in your interpreter; and
then he said he would fully conclude peace, both with your Honour and
here, on any terms that lay in his power, and begged of me to write to
your Honor to be favourable to his jieople until he came in.

A packet boat is newly arrived here from South Carolina, with our
agent that was sent their in June last, by whom and letters from Gov-
ernor Craven and some other Gentlemen, we understand that their Gov-
ernor, Council, and assembly have agreed to send one thousand Indians
and forty or fifty white men for our assistance, under the command of
M' James Moor, son to Col Moor, late Governor of South Carolina, a
young man of a very good character. They were to set out the 15"" of
last month, The Governor hastens them away, and is intended to accom-
pany them to the utmost inhabitants of his government.

COLONIAL RECORDS. 881

Sir we have as I am informed, many of onr peoj^le that are away from
hence, and lurk in the borders of your government, especially on
Cocks and Stafford from Currituck who were the chief instruments of a
meeting of their and caused forty or fifty men to desert your Honor's
sending of them t\vo in to us here, would be of great service to the
country.

Sir we labour here under almost insupportable difficulties, having a
troublesome war upon our hands, great poverty and sickness, and the
worst of all and unreasonable and ungovernable people. I hope your
Honor will assist us, what you can, to bring this war to an honorable
end, and favour me with your advice in this troublesome juncture, which
will infinitely oblidge

PRESIDENT POLLOCK TO GOVERNOR OF SOUTH CAR-
OLINA.

[From Pollock's Letter Book.]

Hon" Sir

By your letter to Governor Hyde we are made more and more sensi-
ble of the great and inseparable loss we have sustained by his death.
For we not only find the great want of his industrious care to reduce
this distracted and divided people into unity, and his indefatigable pains
iu carrying on the war against the Enemy,^ although not so effectual as he
desired ; but we are likely to lose our interest abroad, Especially with
your Honor, but hope your pity and charity to such a poor distressed
people, with the consideration of the great glory will to you

that South Carolina under your administration had secured us from our
barbarous enemies, saved our country, and revenged the innocent chris-
tian blood spilt by these cruel merciless heathens, will move you to fin-
ish so good a work.

I can not find woi'ds to express the great obligations we have to your
Honor and the Government of South Carolina, the safety of our wives,
our Children, our estates, and all that we have that is dear to us being
owning to you. And as I have in some measure already represented
this matter to the Lords Proprietors, shall by the next give them a full
and true account of your goodness and favor towards us, and I hope of
and end of this troublesome war by your means, as for making good the
107

882 COLONIAL RECORDS.

charge you have been out in this war, undoubtedly it ought to be repaid
with all gratitude ; but I hope your Honor, the council, and assembly
will consider the distressed condition of this people. We consist only
of two counties ; one whereof is in a manner totally wasted and ruined
by this Indian war, and the calamities attending it. The other is but
little better, by supplying the wants of the other County, and by being
hindred in their crops by this war. Notwithstanding which, I have
great confidence our assembly, which is to meet the fourth of the next
month month, will endeavour what they can to satisfy the charges of the
Exj)editiou, and can consider no other way they can be able to do it,
than according to these bills of credit you take 122-|- per cent, the prin-
cipal to sink at the end of twelve years.

I return my harty thanks for putting in a man of so good and great
a character [as] Col Moore, commander of your forces, and shall be am-
bitious to serve him in any thing in my power

The members of our Council being at this time so seperated that it is
imposible for me to geather [them] unless should attain the sloop two or
three weeks longer, but can in a manner assure you their sentiments will
in nothing be contrary to what I have writ, and being and assembly is
to meet the fourth of the next month, know not if the winds be favoura-
ble but your answer may be in before our assembly breaking, and hope
by your next return to give Your Honor, Council and assembly what
satisfactions we are able. We are greatly in want of ammunition, which
I hope your Honor will remember by this vessel, and had it not been
for those barrels of powder, twenty barrels shot twenty guns you sent to
Governor Hyde we should have been quite without ; all of which is sent
around to our forces at Core-town fort, who attend your armies coming;
and we going, by information I had from thence last week, to Catechne
fort which Col. Barnwell besieged last spring ; having had their scouts
out before on discovery who met only with three Indians, one of whom
they killed and brought in his scalp. By a letter from Governor Hunter
of New York luiderstand of no danger from the five nations of senecas,
they pretending they had no hand in encouraging the Tuskaroras, and
ai-e out now against the French Indians. The Indians lately have killed
one man [at] Readings fort ; and to the number of about 200 of them
assaulted it, but were beaten of with the loss of about five of their men,
and did little damage, only burned a sloop that lay by the fort. Like-
wise some of them have burnt the houses upon four plantations towards
the un)uth of Pamtico River, and attacked Cap* Jones' house, but were
beat oft', none killed of our people. I shall add no more ; but your
Honor's favourable and speedy answer will be very acceptable to —

COLONIAL RECORDS. 883

[From Pollock's Letter Book.]

Hon-^ Sir

Yours of the 11"^ instant now before me, and as for the Tuscaroras?
should be very unwilling that tiie innocent shotdd suffer with the guilty,
if possible to distinguish them, and am altogether of your Honor's opin-
ion, that there is no dependence on their promises, they being bound by
no ties of religion, honor, nor honesty, But I am forced at pi'esent to
bear with, and prolong the time with Tom Blount, by reason the forces
from Ashley River [are not] yet arrived, and we being open to him.
Tom Blount and about sixteen of his men came in here on Monday last,
being four days later than the time promised. He said he came out time
enough to be here at the time agreed upon, but hearing that some of the
Catechne Indians were got on this side Pamplico River, he- followed them
twt) or three days, which hindered him that he coidd not come in at the
time appointed. He seemed willing to go to your Honor with our inter-
2)reter, but after some questions and answers, and that I had told him he
could expect nothing here, nor I believed from your Honor, until he
brouglit in Hancock, and had some assurance of his performance what
he had promised, he presently answered that he would go and bring him
in if jjossible, and would return [in] eight days. He seems not to doubt
finding of him, only doubts he may have more men joined with him ;
which if he has, he says he will pretend friendship with him, and keep
hunting with him untill he get more men from his Town to assist him.
He is to bring him in alive ; so that his own word make it clear there is
no dependance on his promises, who will act so treacheroitsly to those of
his own nation and his near relations.

If he brings him in (which I much doubt) I will immediately give
your Honor and account, and what proposal he agrees to as to the bring-
ing the hostages and whither he and his men will engage to cut off all
the Enemie Indians by themselves or in conjunction with our forces.

If he bring not now in, I believe we must expect his joining with the
other Tuscaroras against us, which may prove very fatal to this govern-
ment, unless assisted by you. and I hope not only charity will move your
assembly to assist us, as being neighbours, fellow-Christians, under the
same Queen, but also interest; for having conquered us it will undoubt-
edly encourage more nations of Indians to join them, which may like-
wise endanger your government.

884 COLONIAL RECORDS.

Hou"^ Sir I doubt not, on the arrival of tiie South Carolina forces, a
great many of the Toscaroras will fly northerly on the hither side Pamp-
lico and Moratoce, expecting the South Carolina Indians will not follow
them over these rivers ; so that if your Honor could move your assembly
to be at the charge of raising of 300 men, with the Sappona and other
Indians (as for the Meherrins and Natnas, there is no trust to be put in
them) to be ready at a day's warning with five or six weeks provisions,
to march, to stop the Tuscarora's flying northerly, and could move tliem
likewise to entrust our assembly for eight or nine hundred yards of duf-
fels, to clothes our people to march out likewise, they being so poor gen-
erally here that they neither are all clothed to endure a winter campaign,
niether have they wherewith to buy it, neither is it to be bought here,
having now little or no trade.

It might be a means of distroyed our Enemie Indians, and bring the
rest to submit on reasonable terms, and would your Honors' favore

in having a great [share] in delivering this poor —

I hope your Honor will pardon my tediousu&ss and impurtunity ; the
real necessity of this poor people in general urging me to use my utter-
most endeavor in their favor.

I understand by M'' Foster, our agent, whose letter have inclosed? that
Col Barnwell, by his foolish reflections on your Honor and Governor
Hyde, hath lost the favour of that government. I am in all sincerity,
Hon"* Sir your most obedient

Humble Servant

[From N. C. Letter Book. S. P. G.]

M' URMSTONE TO M' HODGES

NoETH Carolina

Oct^ 22"-' 1712
Sir.

I acquainted the Honoralile Society with the death of ray fellow La-
bourer the Rev** M'' Adams late Missionary in this province per the first
opportunity after the same and withall that being disappointed of that
Library brought in by M' Gordon, and for which I stand bound, I de-
manded that which belonged to M" Adams, which upon inquiry I found
safe and entire but was refused it. The precinct where the deceased last
dwelt, pretending the Books belonged to them and would not part with

COLONIAL RECORDS. 885

tlieiu except I would live with them. I am told M' Rainsford had the
like answer. Tims Society is abused and their Missionaries in this as
well as other cases ill treated by an ungrateful worthless people I hope
you will either cancel my obligation or send me other books instead of

those lost by M' Gordon I aver and testify that those M' Adams

were brought in were at the time of his death safe and entire as above
and therefore see no reason his heirs should suffer but what is since be-
come of them perhaps neither you nor I shall ever know. I've more
than once complained of the injust usage I have met with in reference
to a very valuable collection of (choice books detained at Bath, nowe the
seat of war many of which are spoilt and the rest will infallil)ly, be
destroyed by the Heathen, at least the Ministry will never be much bet-
ter for them for whose use they were chiefly intended. That place will
never be the seat of Government nor supplied by an Incumbent a remote
obscure dangerous place of it felt incapable of subsisting a Minister and
inconsistent with any other part of the Colony. I have not been fa-
voured with a line since I arrived here from the Society. I hope I shall
be so happy within a short time and that my requests per Col. Quarry
will be granted, otherwise you must expect to hear I am Bankrupt &
forced to run for it, since Col' Hides death the Quakers and their adhei'ents
threaten to act over again the late Tragedy in Order to settle and establish
themselves ovei'throwe the Church & in the end finish the ruin of this
poor country if the Indians d(j it not for them but these Meeting with
little or no opposition cannot fail of destroying us all ; We are in ex-
pectation of succour from Ashley River but that is very uncertain. Our
cowardice and Quaking principles render us the scorn & contempt of all
our neighbours. We arc to have an assembly on the 4*'' of next month
I hear few but quakers and their party are chosen Burgesses so that we
may expect but little good, they give out already they'l have new Lords
and new Laws or rather no Laws that will best please the generality of
our Gentry

I am good Sir &e

JNO. URMSTONE

Missionary.

886 COLONIAL EECORDS.

[B. P. R. O. B. T. Virginia. Vol: 13. O. 134.]

COL SPOTSWOOD TO THE LORDS OF TRADE OCTOBER
THE 15"' 1712

Virginia OcflS'M 71 2.
M)' Lords

Tlie arrival of the Dniiwick Fi'igate with Her Maj"'' Proclamation
for a Ce.s.sation of Amies gives me the o]iport unity of a few minutes to
informe your Lord''^ of the present .scituation of affaires in these parts.

The Indians continue their incursions in North Carolina and the death
of Collonel Hyde the Governor, which happened the beginning of last
moneth increases the misery of that Province so much weakened already
by their own Divisions that no measures projected by tho.se in the Gov-
ernment for curbing the Heathens can be prosecuted.

This unhappy state of Her Majestys subjects in my neighbourhood is
the more afflicting to me because I have very little hopes of being enabled
to relieve them by our Assembly, which I have called to meet next week;
for the mobb of this countrey having tryed their strength in the late elec-
tion, and finding themselves able to carry whom they please, have gen-
erally chosen Representatives of their own class: \vho as their principal
recommendations have declared their Resolution to raise no tax on the
People let the occasion be what it will. This is owing to a defect in the
Constitution which allows to every one tho but just out of the Condition
of a servant that can but purchase half an acre of Land an equal vote
with the men of the best e.states in the country

The militia of this Colony is perfectly u.selcss \vithout arms or ammu-
nition and by an unaccountable infatuation no arguments I have used
can prevail on these people to make their militia more serviceable the
fear of enemys by sea (except Pirates) are "now happily removed by the
Peace which if on no other account than that alone : ought to be received
here as the greatest and most valuable blessing, but the insurrection of
our own Negroes, and the Invasions of the Indians are no less to be
dreaded while tlie people are so stupidly adverse to the only means they
have left to protect themselves against either of these events. I shall for
my own part take all the care I am capable of (under these disadvan-

COLONIAT. RECORDS. 887

tages) for the safety of Her Maje.stys Subjects and still endeavour to tes-
tify to your Lordships that I am with all due respect
My Lords
Your Lord^''*

Most Dutiful and

Most Obedient Hund)le Servant.

A. SPOTSWOOD.
(Endorsed)
• Letter from Coll Spotswood 1} Gov' of Virginia Dated the 15"' Oct
1712

Rec" Dee 29"'

Read Feb 26»' '^^^'^

c,th I
6'"/

[From N. C. Letter Book. S. P. G.]

MR. URMSTONE TO THE SECRETARY

Nov. 6. 1712.
Sir

The last of Nov. 1713 I rec'd one from the Hon'''" Society by CoP
Nicholson who stopping at Boston forwarded it. The very true dismal
accounts I have given of affairs here both ^vith relation to myself and
the Governor required methinks with submission a more timely and suit-
able answer if your — Missionaries are not sold to be slaves or banished
to a much worse place than ever the Giarii of old were much more what
they now are — This is the first I ever was favoured with notwith-
standing above 50 I have written, I shall be ready to comply with what
is expected of me with reference to the said Gent and accordingly upon
a bare intimation that he expected to hear from me I have acquainted
that what is expected of me I cannot comply with by reason that the
Vestries have rejected misused and refused to do anything for Missiona-
ries upon a supposition that our salary in England is sufficient & that it
was never expected by the Society that the Inhabitants should be at any
charge The plain truth is our Holy religion (as with sorrow I have often
hinted) is totally neglected disregarded & those who jjromote the same tram-
pled upon I am very miserable indeed, thro the baseness of the people
and the mismanagement of my Salary in England which is an accident
that happens to most men that travel ; this is not the first time I have

888 COLONIAL RECORDS.

been abused by one I have intrusted & thought tho' mistaken I was safe
so unhappy are many & if Missionaries what signify great salaries, I am
poorer now by far than when I came hither & were I but able would
speedily quit the country, I have wrecked my brains ever since I arrived
to keep soul and Ijody together & have been almost continually in as much
danger as in the greatest extremity that can be Sea in fine death would
be welcome — The Society may perhaps say this is my constant style but
am pursuaded when my reports are confirmed by Col Nicholson they may
have some further influence with the Society I am desirous if possible to
stay here till he comes among us & then doulu not but he will justify
my leaving this wretched country and returning to England.

M"" Rainsford has proved another Alexander his comin in has been a
great detriment to me and no service to the country, I wish he may
stay in it as long as I've done but very much doubt it never any one
could do it & had I been able should have long ago taken me to another
place

I am Sir &c

JNO URMSTONE Miss^^

[B. P. R. O. B. T. Virginia. Vol. 13. O. 138.]

NoKTH Carolina
To the Hon'''" Alexander Spotswood her Majestys Lieutenant Governor

of Virginia
May it please your Hon''

The many instances of your Favours in the distressed condition of
this Country by your endeavours to succour us with men ; by your inter-
position with the Heathen and by your utmost endeavours to prevent any
supply of ammiuiition and Arms to our barbarous Enemys encourages us
to renew our supplications to your Hon' for some timely assistance under
the most miserable condition that ever people groaned. We can with
very great truth say we have exerted our utmost endeavours as well by
arms as by Treatys to maintaine the honour of the British and Christian
Character ; but what with the greatest poverty the repeated slaughters
of our men and the disability of our few remaining by wounds and con-
tinual Fatigues and Marches We are rendered not only incapable of car-
rying on an Offensive but even a Defensive War, And the barbarous
Heathen are so well acquainted with our disability both which renders all

COLONIAL RECORDS. 889

treatys vain and likewise makes us more obnoxious to their barbarous
C^rueltys.

Wherefore we humbly sup]ilicate your Hon'' by all the ties of Chris-
tianity and all the ties of Humanity and Fellow subjeets to afford us
some assistance without which the destruction of many untbrtunate fam-
ilys will follow what reputation that will be to our neighbouring Gov-
ernments or the necessity of makeing use of the Heathen for Mediators
Your Hon'' is too good a Judge to be informed What we can promise on
our parts is provisions and the expense of transporting the soldiers which
is all our Circumstances will admit of Your Compassion to so many of
her Majestys Subjects will greatly add to your illustrous Character and
confirme that opinion which we really have of your being to the utmost
of your jjower the Protect<ir of the distressed

We are
* Y"^ Hon"^ veiy humble servants

THO: POLLOCK
C GALE N CHEVIN

THO: BOYD
T: KNIGHT W- REED

THO: SNODEN Speak^

[B. P. R. O. Proprieties. B. T. No. 27. p. 109.]

To the Right Hon''''' the Lords Commissioners
of the Council of Trade &c :
May it please your Lordships,

The complaints of the disorders and irregularities of the Proprietary
and Charter Colonies still increasing and it being the opinion of this
Board that it is of absolute necessity that the Legislative power of the
nation is only capable of providing suitable remedies for so great evills
by reassuming the powers of Government and jjlacing them in the hands
of his Majesty. In order to the attaining this end, I would humbly pro-
pose to your Lordships,

That a Commission of Inspection into the state and complaints of the
Proprietary and Charter Governments might be granted to such person
or persons as to your Lord"''^ shall judge fit for such a service with suita-
ble Instructions to enquire into the severall Transgressions of the Acts of

108

890 COLONIAL RECORDS.

Trade &c. The denvall (if Appeals to England The raising and falling
of coyne to the damage of the neighboring colonies.

The quantities of Tobacco yearly made in the three Lower Counties of
Pennsylvania and ho\v and by whom shipped with the places where

The state of their Militia and Courts of Law. The Boundaries of Penn-
sylvania more particularly where M' Penns Patent limited to the Lati-
tude of forty degrees takes its beginning on Delaware River, that a true
account may be given of the Quantities of Lands surveyed out of the
bounds, the one half of the Quit rents being due and reserved to his
Majesty.

The Refuge that hath been given by any of those Proprietary or Har-
bour Colonies to fugitive sailers or servants &e:

And to make returns of these enquiries with the proofs against the
next session of the Parliament by which not only your Lordships but the
Honorable Assembly may be thoroughly acquainted with the true state
of these Colonies and better enabled to make a due regulation and settle-
ment of them.

This my Lords as it would be but of little expence to his Majesty, so
it is humbly conceived would ])e highly serviceable towards the preven-
tion of the growing evills of those Colonies all which is humbly sub-
mitted to your Lordships consideration by
Your Lordships most
humble servant
J. BASS.

[From Calendar of Virginia State Papers. Vol. 1. p. 156.]

LETTER TO GOV. POLLOCK ON INDIAN AFFAIRS.

Wmsbuegh 13 December 1712.

To the president of North Carolina,
Sir,

Bv the return of a Servant w* the Baron of Graftenzied (de Graaffen-
reidt) sent into y" Country, I received on the 11"" instant yours of the
26"" of Nov. & 4"" of this month, Init I tind myself still under the same
uncertainty in relation to the purchase of the *Dulfells, the disposition
of the Thousand pound raised by our Afsembly for yr. Releif, The
removing the Scruples of our Council, as to declaring War against the
Indian Enemy untill a previous declaration on your part, and likewise

*A variety of blanket, or woolen cloth, out of which blankets are cut.

COLONIAL RECORDS. 891

as to sending you the Indian prisoners that are here, on all w"'' I expected
your Answer — All you say as to the Dutfells is that you slK)uld have
occasion thereof, if I thought convenient, hut since this Country was
willing to be at the charge to purchase tlicni upon y' Recpiest, It might
have been reasonably expected yr Government should take the trouble of
sending for them — And if the money raised by our Afsenibly be of use
for your Releif, I cannot see why the Conference, I proposed for laying
it out to the best advantage should not be taken notice of, nnlefs y' Gov-
ernment be unwilling to accept of it upon the terms of Repayment; but
as to that point my last Letter might have satisfied you, that neither I
nor the Council intended to press you thereupon, nor do I expect any
present Engagement to be entered into upon the Advance of that money —
Since you find y'self under so great streights to furnish provisions to y^
South Carolina Auxiliarys, The money raised here may be as efiTectually
applyed in the purchase of Corne & pork in this Country, for those
Forces, as in raising men. If you think the Force sent from South Car-
olina will be sufficient to do the work without them —

As the taking of Hancock was in pursuance of an Engagement entered
into w*"" this Govern' by Blounts people, and Hostages left for his deliv-
ery here, he was in effect a prisoner to this Govrn' : and certainly Blount
looked on him as such, when he sent 2 of his men to give me notice of
his coming in & ordered them to wait here 'tilHiis arrival, and one who
stood more on punctillios than I do would be a little startled at the sud-
dennefs of his Execution without my knowledge, — especially, seeing I
am persuaded you could not suspect that I would shelter him against the
punishment due to his crimes : having given you an instance to the Con-
trary, by delivering up James Cohery, \^-ho (how ignorant soever some
of yr: people may be of it) was first seeized by our Tributarys, carryed
before a Majistrate, and by order, del'd to the Chowans, to be carryed
into yr : province, & after having told you in my last that I intended to de-
liver up to you all the Indian prisoners that are here : among w"*" there ai-e
now two Waccon Indians taken lately by the Meherins in pursuance t®
my orders — And I shall accordingly send them under a guard of our
Militia to South Key, the 27"' instant, when I hope you will appoint
some to i-eceive them on that day. I send this by Blunts' men, \vho
together with his brother are returning back to him, their stay here being
now unneceffary — I shal write to you more fully w"' the prisoner, or elfe
by M' Richardson, who is just now arrived here, and intended for y'
province as Reco' Gen" for the Lords proprietors.

892 COLONIAL RECORDS.

[From Calendar of Virginia State Papers. Vol. 1. p. 157.]

TO GOV POLLOCK OF NORTH CAROLINA, ON THE
SAME SUBJECT.

Wmsburgh 22 December 1712
To the President of North Carolina,

Sir, According to what I writt you, the 13"" instant by y'* return of
Bhuits two Indians & the Hostage, I now send the Indian prisoners,
being eight in all, the warrant which will be delivered witli them, \vill
inform yon by whom they were taken and when committed, and as the
only crime they have been guilty of against this Government is their
coming in, contrary to our proclamation, I shall leave them to your Jus-
tice or Mercy, as you find them guilty or otherwise in relation to the late
Maffacre. It is now above a month, since I sent you the Resolutions of
our Affembly for the Releif of your province, but have not yet had any an-
swer either as to you receiving the Duffells, or the application of the £1000
for the service of your Conntry : I shall be glad to find the circumstances
of your Affairs are not now so pressing as they were then represented,
& one would be inclined to believe they are very much bettei'ed, since
the meeting I proposed with you, or some deputy from your Govern-
ment to concert measures for the more ettectual application of that Snp-
ply has been so long delayed — for my part I have hitherto suspended all
my thoughts thereon, because as I have ali-ead}- told yon, I expected such
a meeting, & have nothing more at present to add, but that I am
S^

Your ino.st obedient humble i'ervant.

(No signature)

GOV POLLOCK IN REPLY ON THE SAME SUBJECT.

Choan, N. C. 23 December 1712.

HOND: S""

I want words to expre.ss the miferable state of this poore Countrey —
For Coll : Moore (who is a gentleman seemingly of great worth) not
finding provif ions ready at Bath County for his foi'ces, was necefsitated
w"' all his Indians, being about nine hunder, to march into tiiis County,
wher they muft by deftroying the place until 1 jirovif ion is carryed round,
and men raysed here to join them — The want of having provifion car-
ryed round was cheifiy occasioned l)y tlie ignorance and ohstinacy of our
Affembly, of all w''' Cap' Jones can give y' hon'' a particular account —

COLONIAL RECORDS. 893

Now being informed by Coll : Moor that the Tnlbororoes have taken into
their Forts, having in his comeing in laid three days befor on of them,
And thought it unadvifable to stay longer, being in want of proviflons.
Tools and some more whitt men, his indians not being very ready in
attacking Forts w'^'out Englii'h — For w"*" reafon, what men of ours can
be rayfed mnft March w"' him, who are generally badly provided in
clothing to mai'ch this seafon —

AVherfor would earnestly entreat yr : honor to order the dulFells for us
at M' John Cottons at Blackwater, Likewife a dofen spades, twenty brafs
pans, and about fifty or i'ixty hand granads, they being very neceffaiy
for the ready takeing of the Forts. I shall have a boat or cannoe at
John Cottons on Monday nixt. It will be of extraordinary fcrvice to
the Countrey at this time For the Army being, to march out the firft of
the nixt month, If it come not before that time f hall have no men to goe
out —

As for yr: honor^ difpofing of the money by your Affembly, it being
impractical)le for any of y' Forces to come at this time, not only by rea-
fon of the Badnefl' of the seafon, and the want of provif ions being yet
carryed round, but chiefly to have y' Forces as a referve. For I hope
that Coll : Moore, w"' his, and fome of our men will be able to reduce
our enemy Indians to a low Condition by the midle of Febry next ; by w''''
time it is i^robable that many of Coll : Moores' Indians, having got
Slaves or other Booty may defert. Only about two or three liunder w*'*'
Coll : Moor doubts not he can keep, so that If then we can have fome
forces from you, they may be a great means to give the finishing stroke
& bring enemys that ar left to a Peace on Reasonable terms. And intend
to fend in ane agent in Convenient time before them, at w'^'' time yr:
honor may order matters as you fhall see the pofture of our affairs at
that time requires, of w°'' fhall particularly informe y' honor from time
to time — I have often complaints brought to me of the infolency of the
Meherrin Indians on this fyde Meherrin River, w"* a jealoufy of their
Killing and driveing back the peoples stocks, on John Beverly, who lives
near them, againstt whom they have a great hatred, haveing had a mare
or twoe f hot lately — Alfo having ordered the Rangers and hunters, for
to take upe any Indians they should meet \v* on this fyde Meherrin
River; and haveing taken on of them, brought him in to the tors'*
Beverlys — in a little time abont eighteen of the Meherrin Indians came
upe, moft of them armed and forced them to left loofe the indians they
had taken, giveing them threatening and abufive language — so that be-
fydes their Killing the peoples stocks, fupplying the Tnfcaroroes w""

894 COLONIAL RECORDS.

ammunition, i am in great doubt they may doe further mifcheif on this
shore, and lay it on other indians — All w* I hope yr: honor will either
redreff; or not take offence If wee take such nu-afures w"" them as wee
fhall see moft for our own fafty — Tom Blunt, the Indian comeing in
befor I had finif hed hath hindered my sending thes two dayes, so that i
beleive if the boat or eannoe for the duffells be at M"' Cottons by Wed-
nesday the laft of this month, it i«ay be time enough — Coll : Moore
hath promifed Tom Blunt, (upon his being true to the Englif ji) protec-
tion, and to fecure him and the people of his Fort from his indians —
Tom Blunt is very def irons of having in, his brother (as he cals him)
and his confine now in your prison, whom the Bearer W" Charleton
our interpreter knows — whom if your honor will be lb favourable as to
let us have them fent to M" Cottons, to be brought downe in our boat it
will be a great Kindneff, and may be of great fervice to us, Blunt ac-
cufing us, for giveing him nothing for all he is done only words, as he
fays — He had intended to have come or fent in now, to yr: honor. But
Coll : Moore intending to march in by his towne, he thought it neceffary
for him to be at his towne ; of all w"*" our interpreter can give you a full
account —

Hon'^ S', I am af hamed that neceif ity forces me to trouble yo fo much.
But I (Joubt not ye will confider our prefent Condition, And Continue
y' Favours to us, w°'' fhall be i^lanted in indelible charectars in his heart,
who is

Hon" S^

your most obedient Humble I'ervant,

THO: POLLOCK
Hond : S'

Tom Blunt just now informes me of on
Meherrin Indian latly at his towne, named
Tut-sech, baf : queat — fo that it is not to
be doubted l)ut that they supply them w""
what ammunition they ufe and cary what
newes they know of — w"^ I doul)t not y''
honor will confider

. T. P.

C*Or/)NIAL RECORDS. 895

[From Calendar of Virginia State Papers. Vol. 1. p. 159.]

GOV. POLLOCK'S REPLY TO GOV SPOTSWOOD ON IN-
DIAN AFFAIRS AND THE PROPOSED AID TO
THE PEOPLE OF N. CAROLINA.

Choan, N. C. December 28'^ 1712.
Hon-* S'

Yours of the 13*'* Rec'' by the Indians hi.st night, wherein, I obferve
that I have not anl'wered yrs: of Nov. the 18** so fully it seems as I
ought to have done — First as for tlie Duffells, I gave your honor aco'
of the great want of it, and intended to have fent for it as foon as i
understood from yr: honor wher I was to have it. But neceff ity Forc-
ing, begged in my laft the favour of having it, and fome other neceffa-
ryes brought to S"* Key, the charges of w'''' may be taken out of the
£1000. And the lOOOlb : left to yr : honors' di.spofall I thought was a
good I'eferve for the laft call. And that it was not policy to venture all
at on hazard. For Knowing tlie inftability of the S"* Carolina Indians
by their leaving Coll : Barnwell last year, can have no certan dependance
of their finif liing the war at this time — But I concluded that when they
had done what they C(juld againft the Tufcaroroes, Then Avhat forces yr
honor can raise w"" that Fund, might I thought, w"* our help bring the
enemy to a reafonable peace, as I writt to you by Charleton — And as
for a declaration of war againft our enemyes I propofed it to the Coun-
sell here, who after due conf ideration, thought it altogether unneceffary,
after haveing paffed here severall Acts of Affembly declaring warr, and
after the continuance of the war againft them 15 months & several of
both fides Killed and taken & indeed it feems to me a little prepofter-
ous. Whow foever, if the upper Towns of the Tufcororoes doe not
performe their Preliminary Articles i intend to lay the breatch before the
Counfell, and have a Proclamation issued out declaring warr, and fend in
one of them to yr : honor, vt-"^ i hope may Remove all fcruples — As for
sending for the indian.s Prifoners, i was very willing to fee firft if ther
Indians would have kept their Preliminary Articles w**" us, firft, haveing
no Pri,sons to Keep them in here — Yijur honor needs not doubt but that
the favour of the duffells & money was accepted of here, w"* all the ac-
knowledgement and gratitud wee wer capable of Efpetially being to be
lodged in yr: hands who wee know will manadge it for our beft advan-
tadge, as j^ou will see by the addreff of thanks from our Assembly w""" i
hope y' have Rec** by Charleton, before now, being disappointed of it a
long time by the mismanadgement of some Persons whom the Affembly
trufted, of w""" Cap' Jones can give the best account —

896 COLONIAL RECORDS.

I had sent in a Depty: or twoe before now, to concert what measures
your honors thinkes beft in laying out that money — Only thinking that
ther was no prefent neceff ity of laying out any (fave only for the cariadge
of the Du Hells & the other things sent for the S"' Key) And lykewife
all our men capable to be sent as deputys being otherwife employed in
that troublesome juncture, thought it might be delayed until the army
was marched out — It is true provif ions is lyke to be very short w"" us.
But I will ftrive hard to provide the army (if poffible) And had rather
the Inhabitants should pinch a litle this furamer, then the money be im-
ployed for that ufe, w"*" I doubt not yr: honor, will rind waves to imploy
it more for advantage — And intend as soon as the Army is out and
have a litle profpect whow (how?) our aifaires are lyke to succeed, then
to fend in a depty or twoe to give yr : honor a true ftate of our Condi-
tion, and to agree on fuch meafures as you f hall tliinke moft advantage-
ous for the peace of this Government —

As for Hancock, it is time they had obliged tliemselves to deliver him
both to you and to us, And having brought him in here, and the offence
he had committed being againft this Govern', And as wee apprehended,
it was on account ye preffed his bringing in, so that it never entered our
thoughts that ther was any neceffity of fending him into you, or that
you defired it, otherwise wee would certainly have sent him in by
Blunt, who was very willing to goe — And I am confident non in this
Gover"' ever imagined ye would have f heltered him from his deserved
punifhment —

Hon* S' I would have sent a boat or a cannoe to S"" Key before now,
But I proteft it is as much as wee can to spare this cannoe now to send —
All the boats & caunoes wee can gett here, not being sufficient to cary
provif ions for the Indians who ly here destroying the place untill pro-
vif ions iscaryed round to Bath County w'^'' I hope now will be in a fhort
time —

I am well fatisfyed that ther is a receaver Gen" coiue in, by whom I
hope wee f hall have some Inftructions from the Lds : Proprietors, And
should be glade to have the honor to see him here.

Ilon'^ S"" If I have miffed in this or my former, threw inadvertency or
mifapprehenf ione, I hope y** will impute it to the great preffure of buf i-
ness I now ly under — The army here to be provided for, Provif ion and
some other ne celfaryes to be sent round to Bath County, men, horses
and arms to be rayfed and twenty other things, too hjng here to Recite,
The Counsell not near mee, all w"'' I hope yr: honor will confider. And
affure yon ther shall not the least thing f lipe me intentionally, that

COLONIAL RECJOKDS. 897

may any waves offend you, but shall approve myself on all occaf ions
to be

Hon'' S-^

Your most obedient Humble servant

THO: POLLOCK

[Extracts From Journal of South Carolina House of Assembly, 1712.]

TNo. 4 — Pago 4 — Page 363 iu original. J

Upon reading the 4"^ paragraph in Gov"^* s})eech

Resolved ;

That the Governor & council be addressed to use what means they
shall think most speedy & convenient to obtain intelligence from North
Carolina of the state of our friends, enemies & our own army lately sent
there, & that this House will readily concur in the charges incident to
that design.

[Page 7 — Page 3(58 original.]

Ordered That Tliomas Nairne & Henry Noble Esq" carry the follow-
ing message to the Governor & Council ; vizt.

May it please your Hon''^

The House of Commons taking notice of that part of yr Hon''' speech
recommending to us the consideration of some means, to be used to gain
intelligence from North Carolina of the state of our friends, enemies &
our army lately 'sent there; do not think we can more effectually answer
that intimation, than by requesting yr Hon'' to take such measure therein
as you shall think most proper & expeditious, assuring yr Hon" that this
House will readily concur with an order to defray the charges incident
thereto out of the Public Treasury.

W" RHETT Speaker.

[Page 8 — Page 369 original.]

The House mett according to adjournment.

As Messages from the Gov. & council by Thomas Hepworth Esq.
with a written mes.sage viz:
Gentlemen ;

We are glad you concur with our opinion in .sending to get the quick-
est intelligence from North Carolina, the endeavor.s, that have been used
hitherto proving fruitless, we intend forthwith to send a vessel to Vir-
ginia believing the most effectual way to a.ssure our end.

109

898 COLONIAL RECORDS.

We have further under our consideration that it is necessary to send
up to our Creek Indians, & use the best methods to keep thera at home
to prepare them to be in readiness to go to War against our Norther
enemies, in case it shall be found requisite, when we have advice of the
circumstances of our affairs in those parts.

We do further believe it advisable to send to our Northern Indians
the Elaws & Wacksa\vs &c to assure them of our protection, & that we
will take the best methods we can to keep them from the insults of their
enemies, and encourage to plant good quantities of corn to supply oui'
forces in case we shall have occasion to send* any that way.

CHARLES CRAVEN.

[Pa^e 93 — Page 77 in original.]

Ordered : That M"' Henry Wigington & M"^ Ralph Izard wait upon
the Gov'' & Council & acquaint them that if they have received any Let-
ters or Memorials from the Government of North Carolina, they would
please send them for the perusal and information of this House. Henry
Wigington E"' & M' Ralph Izard being returned informed the House
that they had acquainted the Governor & Council \^'ith the Message of
this House, who answered that this House should hear from them imme-
diately.

[Page 78 in the original.]

A message from the Governor & Council by Thos. Hepworth Esq"
who brought the folhjwing message in writing.

Gentlemen :

The private instructions of Mr. Foster received & signed by Governor
Hyde, we send you with this upon which he grounded that address he
delivered to you this day, indeed his credentials are short and not regu-
lai', but we attribute that to the circum.stances they are under, some
charges he was to answer if any complaint was made by Col. Barnwell
either on the Gov' or Government, but no such thing appearing before
us in publick manner, we look only upon the means how to succor them
& therein must desire y"" assistance, that nothing may be wanting on our
parts to save them & secure the province to the Lords Prop''"

CHARLES CRAVEN.

FOSTER'S INSTRUCTIONS

After having Canoe hand,s, provisions & other necessaries you are with
the first conveniency & all the expedition you can make the best of yr
way to Charles Town in South Carolina. When vou are arrived deliver

COLONIAL RECORDS. 899

yr Letters as they are directed & with all the expedition you can take the
advice of some person you think most capable to advise you on the best
& quickest methods in managing the concerns you go about which are :

First ; To obviate what misrepresentations & false aspersions may have
been cast upon the Governor & Government (if any such be) by Col. Barn-
well or any others. Then you are to use yr utmost endeavor to procure
if possible 1000 Indians for our assistance with a few white men under
a good Commander of known courage & conduct, that will not be biased
by fear, friendship, or interest to represent to them that Col. Barnwell
being much disliked here will not do well for that place.

Lastly; You (are) must endeavot to procure us 10 or 12 Barrels of
powder, ^vith shot answerable, & 2 or 3 thousand good gun flints.

For the first you must endeavor to find out what false representations
or reflections hath been cast upon the Governor or Govei'nment, by Col
Barnwell or any other & seeing the only thing he seemed to complain of
hei'e & to lay as the cause of his bad success, especially in not taking

Fort was his want of provisions, If so, you must lay before the

Governor & Council, That by reason of our disturbance last summer
with Col. Cary & by reason of the great drought we had there were very
small crops of corn made here, & likewise the Assembly a short time be-
fore Col. Barnwell's arrival, refusing to agree to the raising of men &
provisions for the defence of the Country & then liaving no notice of
Col. Barnwell's coming until his arrival, was the reason we were not so
well provided at his arrival as we would otherwise have been.

And then we must lay before them that before the men appointetl by
the Assembly, that was after Col. Barnwell came in [Page 79 — in origi-
nal Page 95] could secure the corn to be spared in each of their Districts
all of the people that had any corn to spare had laid it out with the ves-
sels, & it was conveyed out of tiie country. But you may assure them
that the Gov"" used his utmost endeavor both himself & by his friends to
supply them. You may likewise lay before them that the fewness of the
vessels here, & the difficulty and tediousness of the passage from this
Country to Pamplico & Neuse, with the greatness of the number of the
people there to l)e maintained was a great hindrance. That Col. B's
army (may be) was not as fully provided for as we desired.

You may likewise lay before them that they were never in such great
want of provisions as to hinder them from any action as particularly at
Hancock's where you having been present can particularly inform them
tliat the whole fin-ces stayed there 3 or 4 days aftei- the fort could have
been taken.

900 COLONIAL RECORDS.

Tlien as for procuring assistance from these you must lay before them
we are in great need of assistance as ever, Our gi-eatest & most numerous
Enemies the Tusquerora Indians being little or nothing, either weakened
or discouraged having lost but about thirt}- men by the best information
we can hear, since Col. B's arrival here & then Col. B & all his forces
having been against Hancock fort twice & not taken it hath much en-
couraged them.

Then as for the pretended peace that Col B said he had made with
them, that there is nothing in it, Barnwell himself saying it was a sham
business to put thena oif until he was better prepared for them, neither
hath he ever yet given accounts to us what it was, & then if there was a
peace Col. B Jiimsclf hath broken it by killing tt taking several of the
Indians since, who being along with Tusqueroras in Hancock Fort, were
equally concernetl in the peace with them.

You may likewise lay before them the late massacre of the people at
Neuse & the shooting of some negros at Movetticos so there is great ne-
cessity of present help, which we the more earnestly desire of them, not
only as being under the same Queen, the same Lords Prop" in the same
Province but because we hope they will finish a good an honorable work
as they have begun.

And likewise represent to tliem that help from Virginia or from the
Cyneper Indians by means of the Gov' of New York [Page 96 — Page
81 original] would not do so well, neither for us, nor them, it being a
fair way for the Lords Prop" to lose their Province to the Queen by rea-
son of not being able to defend it. And that if the five nations of In-
dians should come in and destroy the Tuscaroras they would not only
have all the advantage of the slaves but by pretending a privilege in the
Tuscjuerora country that they had conquered, they would become bad
neighbors to their Indians, either to destroy them, join with them against
the Government.

Then you must lay before them the great advantage may be made of
slaves, there being many hundreds of (them) women & children may we
believe 3 or 4 thousand.

Next you may represent to them, that for their Indians subsisting
when they come in, the Tusqueroras for their own relief, as we are in-
formed have planted great quantities of which is generally ripe next

month, as also generally here their is appearance of good crops of wheat
which is safe got in (no grain being to be transported) will be sufficient
to maintain them.

COLONIAL RECORDS. 901

Then lastly as for the ammunition, you must lay before them the gen-
eral want of it, & that the effects of this country not being very vendible
in Virginia will not purchase it. But knowing that they are generally
in want of corn, if they send in ten or 12 barrels of powder, with shot
answerable, and 2 or 3000 flints that the Government will take care here
if they will send in Vessels & take their j)rice for it next Spring, or they
shall have it iiere in Indian corn, at country prices which is twenty pence
a bushel, otherwise the Govern will send next Spring effects to raise

the money as to pay for it.

EDWARD HYDE.

|Pas;e S3 in ori2;iiial.J
Ordered ; That the said message lie read, which was read accordingly,
as also the said instructions.

, Ordered ; That Mr Sam' Wragg & Henry Wigington Esqr carry the
following message to the Gov'' & council.

May it please yr Hon'" The House of Commons is ready to concur
with you in prosecuting the most speedy means for the relief of the Gov-
ernment & people of North Carolina, & in order thereto, this House
prays a grand conference of both Houses this evening at such place as

yr Hon''' shall direct.

I Page 99 — Page 85 original.]

Friday August 8"" 1712.
The House met according to adjournment.
Read: The petition of Col. John Barnwell.
Ordered : That it lie upon tlie Table.

(Page 101 — 87 in original.]

The House resuming the Debate on the affairs of North Carolina, &
the assistance of that Government again implore from hence.

Resolved: That this House will again assist their Brethren of North

Carolina, & prosecute the war against the Tusqueroras by applying the

money yet unexpended of the sum of £4,000 raised for the relief of that

Government.

[Page 336—206 original.]

Thursday Dec l?'" 1713.

Upon motion

Ordered : That a Bill be drawn and prepared for settling a communi-
cation between this Province & North Carolina & that committee be ap-
pointed for that purpose, & that Col. -Robert Daniel, Col. John Fenwick,
Maj. George Evans, M" Arthur Langhornc, and M' Benj. De La Cons-
seilliere, or any three of them be the said committee, and they to bring-
in the same next session.

902 COLONIAL RECORDS.

House of Assembly, No 4, 1712,

[Page 103. 1

The House taking under consideration the great service performed by
Col. John Barnwell in the late expedition against the Tusqueroras for the
relief of the Government of North Carolina.

[Page 89 in the Original.]

Resolved; That the thanks of this House be given to the .said Col.
John Barnwell for his said services.

Ordered; That Col. John Fenwlck Capt. Peter Hann & Mr Benjamin
Codin wait upon Col John Barnwell & return him tlie thanks of this
House for his great services performed in heading our forces in the late
expedition against the Tusqueroras for the relief of the Government of
North Carolina.

The House adjourned to the Mori'ow morning 8, o the clock

Saturday Augu.st the 9"' 1712.

The House met according to adjournment.

[Page 140— Page 139 in Original. 1

The Hou.se taking under consideration the great service performed by
Col. John Barnwell, a member of this House, in the late expedition to
North Carolina against the Tusquerora Indians in actual rebellion against
that Government.

Resolval ;

That the sum of Sixty pounds be presented to the said Col. John
Barnwell, by the Publick Receiver, out of the Publick Treasury as a
Publick mark & testimony of the acknowledgement of this Hou.se for
his extraordinary services performed in the late expedition against the
Tusqueroras.

Ordered ;

That an order be drawn to that purpose, & signed by Mr Speaker and
sent to the Gov' & Council for their Concurrence.

[Page 158 — Page 147 in tbe original. J

A message from the Governor & Council by Thomas Hejiworth Esq''
with a written mes.sage relating to Col. John Barnwell with several
papers &c.

Ordered ;

COLONFAl. RECORDS. 903

Tliat tiie said message & papers lye upon the Table for the perusal of
the ineinhers of this House.
Geiitleiuen ;

I will be always with the greatest regret when I am obliged to lay
anything before the House that may touch any members of that Body,
where T have received so many favours, & for whom I conceive so just
a respect. The Honor of your House l)eiug concerned as well as my
own makes me send you the enclosed papers, that you may better know
how much C-ol. Barnwell hath done in the service of his country & what
reward he meets. I always thought both Houses readily concurred in
sending another army to North Carolina, but I find by Col. Barnwells
Ijetter to Col. Hyde, that it was wholly (jwing to the great interest he
had in the assembly, otherwise our Brethren had been wholly neglected
by us; they had suffered more had he been absent from Parliament, than
South Carolina did by his being sent thither.

[Page 159. J

But, whatsoever, affront he put upon M"^ Hyde when in his Govern-
ment he intended to have made satisfaction by preferring to this. I
must own his country would have been obliged to if he had succeeded in
his design, but I have not faith enough to affirm his Interest would have
prevailed.

When I reflect after ^\'hat manner he hath treated you Gent. I can
hardly stop my resentments, but by remembering he is one of yr body
for whom I have so great a veneration. r

CHARLES CRAVEN.

Ordered : That the papers sent by the Governor to this House together
with the said messages, be read, and accordingby the following papers
were read, viz.:

COL. BARNWELLS LETTER TO GOVERNOR HYDE.

South Carolina, Aug" 18, 1712.
Right Hok' It is seven weeks since my misfortune, & I fear it will
be as much more before I recover my limbs, which the chirurgeon gives
me hope of recovering In the meantime I suffer inexpressible torments,
that I write this in great haste. I hope you will find (me) that I have
been a faithful friend to you in all respects \vhich I would be more able
to be, had I been well and done myself the Hon'' of waiting on you. I
am not able to enter into particulars, because of my pains, only I assure

904 COLONIAL RECORDS.

you that notwithstanding all the good diligence of our two good friends
the Governor and M' Hart, our Assembly would let the war fall,
except only by the Indians. Had I not taken the part of poor North
Carolina & repi'esented y"^ case & by my influence which is considerable,
caused them to exert once more, which if it does not succeed, I did en-
gage, if I recover to go myself, at my own charges. I am sorry I cannot
enter into particulars. M"' Mitchell's deposition is truth, only I am sorry
he is so reserved as not to tell all, I affirm upon interrogatory examina-
tion, you wouM be surprised to find the time & alteration that would be
given to the whole jjroceedings, he was my bosom friend, and knows the
very bottom of my designs. I did nothing without his advice & con-
sent, and even when I hesitated about anything, he would tell me, lay
him in the Gapp — I took him to be a gentleman of Hon'' & probity and
do still believe upon occasion he would do me justice.

As to the other Deposition, I am loth to say the Gent swore [Page 160 —
Page 150 in original] falsely it may be it was to the best of their knowledge-
Prejudice caused them to see them in another (light) dress than they were
designed, but as they swore several matters of fact most falsely, so I can
procure twenty evidences to the contrary. I am not igncjrant what was the
design of these depositions, & I call God to witness my sincerity in serving
you, & North Carolina that I did not deserve such unkind usage from thence.
It is my comfort that my country has resented my service after another
manner, & tho' yr Hon' had the benefit of them yet in a most solemn &
hon' manner, they returned me their thanks &c, & I hope by this time
you will likewise have another opinion of me, and as I have done on y"
acct. here all the friendly offices I could, you would be pleased to inter-
cede in my behalf, with yr Assembly to do me Justice. If this misfor-
tune had not befallen me, I should never trouble them, but this having
disappointed all my projects, I am forced to become supplicant to you,
& if I live to go to Great Britain I do not doubt so to represent you,
that if the Lords proprietors do not find a more advantageous way of
rewarding industry of serving their Interests, that at least vSouth Carolina
may be offered you, besides my blood lost in South Carolina, & the misery
I do still undergo for their sakes. I lost five horses that cost me £84.
I disbursed about £50 at several publiek works of which I have a
voucher of £39. for Corefort, the rest being small sums, I disbursed for
rum & other necessaries for the sick & wounded men to Capt. Drink-
water & others about £16; for this I have the voucher, & by an act of
Assembly, I was to have 20' a day. I crossed Neuse River 28"" day of
January, and was wounded the 5"" day of July, 3 days before I got into
South Carolina Government.

COLONIAL RECORDS. 905

I could have most of these demands paid me by the Treasury here,
only I was willing the money should be employed in a second expedition,
on condition the Government would address you to get me paid in North
Carolina. I will not apologize for giving you this trouble because I hope
to give you sufficient proofs of my real friendship, so that you may have
no reason to repent of doing me a kindness; wishing you succession of
health & prosperity I conclude

Your Hon'' most aftectionate
friend and faithful servant

JNO. BARNWELL.

[From the MSS. Records of the Friends Monthly Meetings in Pasquotank

Precinct.]

At a Monthly Meeting Held in Pasquotank at Symonses Creek the
2ist i2"»ino-1712—

Frends Meet &c. The frend appointed upon ac' of John Turner &
Esther Belman makes report he hath so done

And the said Friends appearing Desired that they might he Clear from
each other

Friends desired them to be Careful not to do the Like anv more

DE GRAFFENRIED'S MANUSCRIPT, COPIED FOR THE
COLONIAL RECORDS OF NORTH CAROLINA FROM
THE ORIGINAL MSS. IN THE PUBLIC LIBRARY
AT YVERDON, SWITZERLAND, AND TRANS-
LATED BY M. DU FOUR.
Preface.

Though Several persons have asked me to relate my sad adventures
in America, I should not have felt disposed to it, — had I not been very
glad to Justify myself, as well towards my Society, as towards some other
people, which could perhaps have had "sinister" thoughts about my be-
haviour, as if I had undertaken that colony with levity and imprudence,
or as if I had spent my time in Carolina, in luxury and leisure, in
what they would be greatly mistaken, and this relation will prove
the contrary. There will be found in it some particulars which might
110

906 COLONIAL RECORDS.

have been omitted, but, on account of the disorderly proceedings of some
people, — who acted dishonestly towards the poor colonists and myself, —
having gone as far as the blackest and most unjustifiable deeds, I could
not but mention them (though very charitably since I name nobody), iu
order not to be accused myself, and to bring my innocence to light.

Motives of my departure from Bern.

Of course some will be eager to know for what reasons I came to an
undertaking so great and so far off from my native country ; some know
them, and for them it is unnecessary to point to them. The others will
have to content themselves by knowing that, from the very time when I had
the honor to be at the deceased duke of Albemarle's who was then estab-
lished by the King Charles II as viceroy of Jamaica, by the relation
which he made to me of the beauty, goodness, and riches of English
America, I conceived thereof such a flattering idea, that on the urgent invita-
tion of that lord, I should have gladly followed him in that travel, if I had
not been dissuaded from it by the strong remonstrating of my parents,
who wanted me to settle in my country. But notwithstanding all the
pleasantness I could enjoy there, there was always, so to speak, some
charm and attraction for me in the above mentioned countries. As for-
tune did not eye me as favorably as I could have wished, after I had
ended my great and important lieutenantship (bailiwick) of Yverdon, to
the satisfaction, thank God, of my lords,* of the neighboring States, and
of my dependants, with a good and clean conscience, — but having made
no money, on account of several mishaps, — as I was not a man to enrich
myself at the expense of my poor dependants, besides, on account of the
troubles in Neuchatel, which were the occasion of much loss to me, —
seeing that the new Refopm deprived me from any chance of obtaining some
n»w and profitable office for some length of time, — I conceived the hope
of making a more considerable fortune in those far oW countries of Eng-
lish America.

In order to care better for my niuuerous family, according to my char-
acter and rank, I took the strong resolution to undertake that important,
dangerous, long, and toilsome voyage, — with all the more courage that I
was solicited to it by letters, as well from the said countries, as from Lon-
don.

I hesitated a long time, whether I should communicate my plans to my
friends and relations, but, foreseeing that they would deter me from them,
I said nothing, even to my next relatives, and started secretly. How-

* The Senate of Bern, (Translator) which he represented as a bailli.

COLONIAL RECORDS. 907

ever, before lea\'ing the country, I stopped, on the frontier, at a friend's,
and made some disposition about my private affairs, which I had not been
able to settle before my departure, and sent it to a relative with an expo-
sition of my design, but, unluckily, that parcel of papers was either inter-
cepted or lost. This loss was the cause of much trouble and confusion ;
receiving no answer during eight or ten days, I departed with a firm
resolve not to i-eturn any more ; Ijut man proposes and God disposes.

When I arrived in Holland, certain persons of note would have nearly
averted me from my purpose in making other propositions to me, but
not finding them suitable to my taste, I pursued my way to England,
where I at once met my friends. Some persons of high rank and dis-
tinction encouraged me much in my plans, and promised to help me as
much as possible, — so that 1 could conclude a contract, on the proposition
of the Lords Proprietors of Carolina, by which they granted to me very
favorable conditions and privileges for the foundation of my colony.

My sojourn in London, — and arrival of ten thousand Palatines & Ger-
mans.

At that very time, more than 20000 Souls came from Germany to Eng-
land, under the name of "Palatines," but intermingled with many Swiss
and people of other German provinces, — a fact which gave much anxiety
to the Court, as well as to the inhabitants of London and neighboring
provinces, on account of the great troulile and enormous expense caused
by these people. Therefore an 'edict was promulgated, on the Strength
of which eveiyone was allowed to take Some of these people to take care
of them, — and a great number of them had been sent into the three king-
doms, Math less success, however, than was expected, partly on account of
their idleness-, partly on account of the jealousy of the poor subjects of
the realm. And so it was resolved to send a great part of these people
to America, to which purpose the queen contributed large sums.

Assistance of the Queen for the transportation of my people to Virginia

and Carolina.

In these circumstances, several distinguished persons which knew about
my enterprise, advised me to avail myself of so favorable an occasion, —
and gave rae some hopes that if I took with me a considerable number
of those jjeojile, the queen would not only assume the expense of their
transportation, but also bestow upon them considerable assistance, — this
really took place and this last sum amounted to 4000 lb. Sterling. The
Queen or the Royal Council had promised to give lands on the River
Potomac, as many as we should desire, with strong commendations to the

908 COLONIAL RECORDS.

Governor of Virginia. AIJ this, with the advantageous promises of the
Lords Proprietors of Carolina gave not little authority to my undertak-
ing, for which I hoped to achieve a consuination not less successful than
its beginning appeared to be.

Measures taken for the transportation of the colonists.

I accoi'dingly took indescribable pains for the transportation and sub-
sistence of that new colony: (1) I selected to that object young people,
healthy and laborious, and of all kind of avocation and handicraft; (2)
I laid up stores of all kinds of implements; (3) good provisions of vic-
tuals; (4) good ships, well equipped, also good stewards and overseers, to
take care of everything and to maintain these people in good order and
discipline; (5) and in order that no negligence or fault might be charged
upon me, I did or undertook nothing without the knowing, advice and
insti'uction of the royal committee. (6) I had appointed a.s first directors
of that crowd three persons, notables from Carolina, who happened to be
then in London, and wlio had lived already several years in Carolina.
One was general-receiver, another general Surveyor, the third a justice of
the peace ; all of them appeared to that effect before the Royal Com-
mittee, where they received their instructions and were confirmed in their
authority above these people on sea and on land, (in my absence) ; indeed,
I could not depart then on account of a small colony from Bern, which
was to follow shortly afterwards, — besides I had some other business,
which I had to attend to ; (7) I had selected from among that crowd twelve
subdirectors, both sensible and able, — and gave them charge to take good
care of the others.

Visit of my lords assessors of the R. Committee to the Ships etc.

After the Royal Committee had confirmed all the contracts passed be-
tween the Lords Proprietors, myself, and those people, and ratified the
clauses on w^hich we unanimously agreed, I requested the Lords of the
said Royal Committee to kindly commit a few members to visit the
transports, to see that everything was in order, as well concerning the
provisions, as concerning the sailors, the ship itself and the space, and to
warn the captain of the ship, that he should support and feed those peo-
ple sufficiently and cleanly. Those measures were taken and recorded by
the Royal Committee.

Departure of the colony. — Convoy of Rear-Admiral Noris.

On the day before the departure of that Colony, I went with M'' Cesar,
the German minister of the Reformed Church of London, to Gravesend,

COLONIAL RECORDS. 909

to comfort and cheer up those people and to wish them a happy voyage ;
I stated in a little speech all that I could judge to be good and proper
in the circumstances, and the Rev** Minister made a sermon full of feel-
ing on the subject. As to me, I coyld not sail with them at the time, as
I expected still another small colony from Bern, as stated above, and
some members of my Society, with whom I was desirous to meet in
order to discuss different particulars about that important enterprise, and
to take afterwards the adopted measures. And so, after having com-
mended them to the divine care and protection, I oi'dered their depart-
ure,— with many precautions however concerning the war. To that
effect I had obtained from the Earl of Pembroke, great admiral of Eng-
land, this signal favor, — that he ordered Knight Noris, rear-admiral, to
escort both our vessels with His squadron as far as the latitude of Portu-
gal.

Causes of the death of many colonists.

Though in January (1710), the weather then was very mild, but when
tliey had crossed the channel they were overtaken by such a terrible storm
and by winds so contrary that it took them 13 weeks to cross the sea.
For that reason, those poor people \vere much worried and all fell sick,
to which state of things the salted food, to which they were not accus-
tomed, and the lack of space, — both were much conducive. More than
half of them died on the sea and many died for drinking too much water
and eating raw fruit to excess after the landing. In that way, that col-
ony was shattered before it had settled.

One of the vessels plundered by a French captain. — 1st Mishap.

N. B. One of these vessels, loaded with the best goods and most
well-to-do colonists had the misfortune to be assailed and plundered by
a French captain, at the very mouth of James River, in sight of an Eng-
lish man of war, which, being anchored and partly dismasted, could not
come to its help. 7Vi/,s' is the first storm of adversity.

Arrival of the Palatine colonists in Virginia.

After what was left of that colony had recruited and restored them-
selves a little in Virginia, where they had been welcomed, they started
with their goods and chattels on their way to Carolina ; they had 20 miles*
to go by land, what took much time and money, — indeed, they dared not

*The MS. has it, textually, 20 miles (written in figures). It probably stands for
more. (Translator.)

910 COLONIAL RECORDS.

to go at sea on account of the privateers, — and besides, the waters are so
low at the mouth of the Carolinian rivers, that big ships could not cross
their opening and sail up stream.

Arrival of the Palatines in North CaroKim.

They arrived in the County of Albemale on the River Chowan, at the
residence of a rich settler, CV Pollock, of the Council of North Carolina,
he took care of them, supplied them with all necessaries, sed pro pecunia,
for money, and put them into great boats to cross the Sound and enter
the County of Bath, where they ^vere located by the Surveyor-general on
a tongue of land between the News' and Trent rivers, called Chattawka,
where afterwards was founded the small (;ity of New Bern, — and here
begins the second cross accident.

Indeed, that Siu-veyor general, instead of settling these poor people,
every one on his own plantation, in order to gain time and to enable them
to clear and clean out their lands, located them, in his personal interest,
on part of his own land on the southern bank of the river Trent, at the
very hottest and most unhealthy place, instead of locating them at least
northwards on News' River, where they would have found a cooler situ-
ation. What, furthermore, was very dishonest in that Surveyor, is the
fact that we had paid him a heavy price for that piece of tongue of land,
about one thousand ^'arpents,"* not knowing that he had no title to that
and that the place was still inhabited by Indians. He sold it to us as
free of all incumbrance and attested that there were no Indians on it.

There those poor colonists were forced to stay until September in the
greatest poverty, and to sell nearly all their clothes and movables to the
neighboring inhabitants, in order to sustain their life.

I leave it to the reader to think how this sight imjjressed my little
Bernese colony, which unto then was in want of nothing, had a happy
voyage, from their departure to their arrival in Carolina, in a good sea-
son, well supplied with all kinds of provisions, well equipped, with
plenty of room on the vessel, — when their eyes presently beheld such a
sad state of things, sickness, want, and desperation having reached tiieir
very climax.

The colony in great distress.

I coidd not enough insist on the wretched and sorrowful state in which
I found these poor people on my arrival ; nearly all sick and at the last

*"Arpents" an old French measure varyina: in difterent provinces from 3 roods to 2
acres English. (Translator.)

COLONIAL RECORDS. 911

gasp, and the few who liad kept their liealth despairing entirely. God
knows in what htbyrinf/i, even danger for my own life, I found myself
then !

2d mishap.

But before going on with my relation I will also mention my departnre
from London, and afterwards I shall continue the successive narration of
events ; it will not be out of purpose to speak also of my departure from
London and then go on. As my Palatines departed in January 1710, I
followed them and departed myself from Newcastle at the beginning of
June, with my Swiss, who embarked in Holland, under care of two of
my associates, in a ship from New England, having contracted with the
owner, a merchant from Boston, the capital of that province, for their
transportation, as the ship was about ready to sail.

I departed from London at the end of the month of May, and took
for that a very convenient coach, which is most like to the "diligence"
or stage-coach from Paris to Lyon. I cannot but speak of something
which I remarked on that travel. As I had to stay, over Sunday, in a
small town called Strafford, I was anxious to see the country-seat of the
Earl of Essex, where I was most civilly received. After having seen all
the apartments and curiosities which are found in that magnificent palace,
I observed in a great cupola excellent pictures, and in the Earl's private
room a great many curiosities, but in a fine hall I nearly caused the com-
pany to laugh, in the follo^ving way. I thought I saw on a marble table
a lute, flutes, and other musical instruments, a few books of music, a pack
of playing-cards carelessly thrown down, a small bag of game-counters
and-fishes, and several other trifles. When I came nearer the table I
saw that all that was only painting instead of the real things which I
fancied. Assuredly I was most surprised to see the work of a second
Apelles. What was most striking was, that the surface of the taljle was
as well polished as if the whole had been naturally grown in the marble.
After having been refreshed \v\th a very good collation, I expressed my
thanks and took leave to pursue mv way.

After a few days' travelling, we arrived at York, where I had just
time enough to view the structure of the cathedral, which is very beauti-
ful, and from thei'e I saw nothing very remarkable, until I came to New
Castle.

Lieutenant-Governor of North Carolina.

The cause of all my misfortunes was the behavior and faithlessness of
the superior and inferior Inspectors, but above all the temerity, faithless-

912 COLONIAT. RECORDS.

ness, avarice and lack of charity of Colonel Gary, from which causes pro-
ceeded not only the above stated misfortunes, but all other misadven-
tures, and my own, as well as the colony's, total ruin. That colonel
availed himself, at that time, of the Governor's death to meddle, (against
every right and justice, and against the orders of the Lords Proprietors),
with the government, yea, I know it from a certain source, he proposed
to fill his pocket with the income of the Lords Proprietors and to sail
for Madagascar, a favorite resort for all kinds of thieves and pirates.

Third Mishap.

This same Colonel Cary, when the new Governor, M' Hyde, a near
relation to Queen Ann, the three directors above mentioned, and I, pre-
tended to exhibit before him and the Coimcil our patents, orders and let-
ters, impudently turned us away, in defiance of the injunctions of the
Lords Proprietors, refused to hear us, and scoi'ued all our })rotestations,
so much so that all the fine promises of the LL. Prop' on which I
relied and on which all that enterprise was founded were useless and
came to nothing. This jjrought me with the whole colony in dreadful
troubles and unutterable anxieties, and had an influence on all mishaps
which took place since.

Rebellion of Colonel Cari/ and his followers.

Finally, that C*. Cary became an open and declared rebel and l)rought
together a gang of tramps and rioters by means of promises and plenty
of good drinks to which he treated them, — so much so that the new
Governor, M' Hyde, dared not to undertake it to })ut himself in posses-
sion of his Government by force, — all the less so that his letters patent
were not yet ready, although orders had already been issued, on the
strength of which Col. Trent, Governor of South Carolina was to install
him, and had already written to that effect to the Council of North Car-
olina ; unfortunately that same Governor Trent suddenly died, which fact
was the cause of all these disturbances.

However, this interreign did not suit me, and in such pressing need
and want (inasmuch as, on account of the troubles caused by that rebel-
lion, everybody kept his little provisions for himself,) the question was
whether I should risk my life, and leave all that colony to rack and ruin,
and let them starve, or if I should run into debts to relieve these poor
people. In such pressing need an honest man, a good christian could
not hesitate. As luckily my name and character were good enough in
America, where my plans were much talked of, — I first sent to Pennsyl-
vania for provisions of flour; I had luckily already ordered some there

COLONIAL RECORDS. 913

from IjOikIoii, by way of precaution, fearing that affairs would not go
on as easily in Carolina as was thought at the time. I did not fail to
send also to Virginia and into the Province itself for the necessary pro-
visions, but all that got on so slowly that during that time these new col-
onists were obliged to sell their clothes and implements, in order to get
the necessary victuals from the neighboring inhabitants, and keep them-
selves from starvation.

In the mean time I took steps to get the land surveyed in distributing
to every family its own portion of it, so that they should not lose time,
and in order that they could root up the trees, build their cabins, etc. At
last the provisions in grain, salt, butter, salt pork, and several kinds of
vegetables, -were brought to me at heavy expense. As to cattle, it was
supplied with difficulty, since our people would not go for it where it
could be found, and I could not deliver it to them at their very doors.
However, some expedients were found, and our colonists, within 18
months, managed to build homes and make themselves so comfortable,
that they made more progress in that length of time, than the English
inhabitants in several years. — For instance, there was, in the whole prov-
ince, only one wretched water mill ; the wealthiest people use handmills,
and the poorer class are obliged to pound their grain in mortars made of
oak, or rather tree-stocks which are dug out, and, instead of sifting it in
a regular sieve, they shake it barely in a kind of basket, which operation,
of course, occasions much loss of time. On the contrary, our peo^jle
found out brooklets, convenient to build on them a kind of wheelworks
connected with pestles which they put in motion, so by means of water
power they pounded their grain, & had their time left for other work,
what did them much good. I had myself already begun the construction
of a very convenient water-mill. But, alas ! as we already hoped to enjoy
the fruits of our labors after much expense, trouble, and care, — notwith-
standing such cross-accidents, mishaps and inconveniences, — when there
was a fine appearance of a happy state of things, the fourth storm of
infortune rushed upon us in the shape of the Indians, who plotted a black
treachery, the which proceeded from the vengeance and jealousy of the
rebel adherents of Col. Cary, the author of all our misfortunes.

Hei'e follows my relation and tragic adventures on my travel to
Catechna. I change the Governor's letter into a relation and keej) for its
time the particulars about the Indian war. This sad adventure is in a
relation inserted at page [923], as it consists in a letter written to Gov"
Hyde, written before this narration.

Ill

914 COLONIAL KECORDS.

As the .said Col. Cary, by his unruly, "crabbed" and treaoherous pro-
ceedings, was cause of the commotion and tumult of the whole province,
it will not be out of place to mention here something more particular
about these disturbances, and to continue the narratic)n of what took place
after Col. Trent's, the Gov' of S. C's death.

As soon as we had arrived to a village on the frontier between Vir-
ginia & Carolina, called Somer Toum, a small crowd of inhabitants of
North Carolina came to greet me and offered the government to me ; they
insisted among other motives of persuasion, on the fact that it was due
to me since, in an iuterreign, and in the Governor's absence, the land-
grave occupied the first rank and held the " presidial."* Having already
heard from the Gov' of North Carolina's death, in London, I replied
that though I was duly invested with that dignity of a Landgrave, I
would not avail myself, at the moment, of that title. I thanked them
for the honor which they did me, and in my turn pointed to the follow-
ing considerations : "that the new governor, M' Hyde, was already in
"Virginia, that I had been an ocular witness of his election as such by
"the LL. Prop', and had congratulated him in the rooms of these
"distinguished gentlemen, — that, far more, he was a near relative to the
"Queen, — that he had been approvingly confirmed by her Majesty, —
"and tliat it would be ungracious in me to meddle with such kind of
" business, — that, though that lord had not yet received his letters
"patent, they could follow soon, and that, accordingly, the inhabitants
"of North Carolina ought to make no difficulty in receiving him as
"their governor, — the more so, that Gov'' Trent had already notified it
"to the Council of N. Carolina," — but, as these persons did not like to
have such a great tory for their governoi", my answer did not please them,
— so they partook of a collation \vith me, and returned home.

Arrival in Carolinu.

A few days afterwards, I advanced further in the Province with my
people and stopped in the County of Albemarle, on the River Chowan,
at the CoP Pollock's, a Member of the Council, and among the wealthi-
est of the Province. Immediately the council ^vas assembled and they
urged much upon me, in order that I should attend it, though I did not
want to do it, in such delicate matters, — then, when we were in session,
they explained the situation of atFairs in the Province. It was not very

*Unless this word " presidial " is meant tor presidence, wliat would l>e cue of de Graf-
fenried's minor errors of expression, it properly means: ''inferior court of judicature."
Translator.

COLONIAL RECORDS. 915

hard for me to guess that they wished very much to enlist me in their
party, as much on aceount of my character as on account of the many
fine people which I had with me and at ray disposal, — inasmuch as, on
whatever side I sliould be, I could turn the scales in favor of those which
I should join. After due consideration of these mattei's, it was thought
that I ought to write an earnest letter ^o Col. Cary, putting his duty be-
fore him and telling him that, if he would not yield to reason, I threat-
ened to throw m}'self, \vith all my people, on the side of the new Gov',
M'^ Hyde, what, being done, would enable him to other measures. How-
ever, he gave me a very proud and impudent answer. Afterwards, hav-
ing reflected upon his "sinister" proceeding, he repented a little, and yve
came at last to an understanding, which was subscribed and undersigned
on both sides. The substance of it was, that Col. Cary with his followers
should recognize M"^ Hyde as president of the Council, until the coming
of more precise orders from the LL. Proprietors. For the mean time
I pursued my way to the quarters where I proposed to settle with my
people, to New Bern, from where the Palatines had written to me, with
earnest entreaties that I should make haste and bring them the necessary
victuals, in the utmost distress in which they found themselves. I there-
fore got some provisions together, but I could not have enough of them
for so many jieople. Meanwhile some one wrote to Gov' Hyde not to fail
to come immediately with his family, from Virginia to Carolina, on the
River Chowan, to Col. Pollock's, and on a plantation belonging to a good
old English nobleman, M'hose name was Duckenfield, where he found
pretty good lodgings.

Colonel Cary comes to Neivbern.

When Col. Cary saw that he could not play the trick which he in-
tended as said above, he did his utmost to get artfully hold of the agree-
ment made and contrived cunningly to tear from it his name and signature.
He then begun his old course again, and by means of good liquor, rum,
and brandy, to which he treated the rabble, he secured many adherents,
and they finally came to an open rebellion against M' Hyde. But, as
that disturber of public peace was well aware that he would have in my-
self a powerfid adversary to contend with, he had recourse to the follow-
ing trick.

Under pretence of a visit he came to see me at Newbern, the place of
my residence, where he dined with me. After the meal we drank a bot-
tle of Madeira wine together and spoke seriously; as he was the one who
(according to my letters-patent and to the orders of the LL. Proprietors)
was to supply me with all necessaries, out of the revenue of the ProvinCg

916 COLONIAL RECORDS.

and refused to do anything, I was glad to have an occasion to blame him
for it and to point out, in his presence, to the enormity of his criminal
proceedings. Seeing himself convinced by so many good reasons, and
on another hand desirous to wheedle me, so that I shonld not work too
hard against him, he promised me, in the presence of 4 witnesses, to de-
liver to me within 3 weeks, in partial payment of the LL. Proprietors'
orders, the worth of 500 lb. sterl. in cattle, grain, and other provisions.
Concerning Gov. Hyde he said he would leave things in statu quo, and
then departed, but I did not rely much on what he said, and told him,
in his face, that I feared the acts would not answer the promises.

This trip of Cary had not been undertook without some bad intention,
and he achieved what he had planned, then lie did not fail to inculcate
to all planters of the neighborhood that they shonld deter my colonists
from siding -with Gov' Hyde, in what they well succeeded, and not one
dared to walk out from the quarters, having been threatened that if they
did not remain neutral, they would be destroyed by the Indians and
Carolinian residents.

Invitation of Governor Hyde.

Some time later. Governor Hyde sent me by an express messenger a
parcel of letters-patent, among which was one by which he had appointetl
me as a Colonel and Commander of the Comity of Bath ; the names of
the Inferiors were left in alba; he left their nomination with me, and
earnestly entreated me to assist him with all my might against the Rebels.
Knowing well how cowardly was the disposition of my people, I replied
to the Governor that my men were by no means disposed to take any
part at all, but desired to keep a strict neutrality ; this did not please
the Governor and soon afterwards there came a more precise order with
the express clause that, if nothing could be done, I at least should im-
mediately go and attend the Parliajnent or General Assembly wliich was
to be held. I could not decline, so much the less, that my titles and
public character bound me to do it as a duty, and so I resolved to go,
not without taking my precautions, inasmuch as I had been threatened,
as well as my colonists, and the road ^vas nothing but safe, and the dis-
tance a two days' march across big rivers and more or less dangerous
woods.

My arrival at the Government-house.

Having arrived safely at the Governor's we discussed together, before
appearing in Parliament, the measures to be taken in order to feecure us
against the insults of Col. Cary and his adherents.

COLONIAL RECORDS. 917

Arrmil of the hiipostor, R. Roach.

Without delay we ordered for our guard a body of the most trust-
worthy people, in order to avoid a surprisal, and our greatest care was to
will to our side tlie inhabitants of the Province. Unhappily, just at that
time, there arrived from London a certain riotous and turbulent person,
called Richard Roach. He was the cause of much trouble; he was the
agent of one of the IjL. Proprietors, but a merchant, and a member of
the Sect of Shakers, and had come to that countiy for the purpose of
trading. He was immediately won to the side of the Rebels, what much
strengthened them, since he was abundantly provided with powder, lead,
and firearms, what suited them very well. That impostor was very
boisterous and of the utmost impudence. In order to excite Rebellion
all the more, he presumed to spread atrocious lies and slanders against
Gov' Hyde, saying that he had other orders from the LL. Prop', but
not in favor of Edward Hyde; this made the disturbance greater, fos-
tered Rebellion, and gave us much trouble. That same scoundrel did
also injure me much privately; he played on me the trick of making
unavailable a bill of exchange of 200ft). Sterlg. He pretended to have
oi-ders to protest or seize it, though his master from whom I had got the
bill, was paid long ago in due form. This was a very great and uncon-
ceivable damage to me in a moment of greatest need.

The Rebels attack the Government and Council.

These Rebel ringleaders, Col. Cary, Richard Roach, & Eman. Low
(who, although a Shaker, erected himself into a Colonel), came during a
certain night in a well equipped bigantine loaded with 60 or 80 men and
a few cannons, in order to besiege us at Col. Pollock's, that is, at the
Council member's in whose house the Council was always held, as well
on account of his dwelling's situation, as on account of his means and
credit. Towards luorning these avowed Rebels and declared enemies
fired, from their brigantine, two cannon shots against the house where we
were, and only scratcJied the roof of the house ; the report begun the
alarm. Thereafter, our body of guards, about 63 men strong, took po-
sition and we shot also a couple of cannon balls in the direction of the
brigantine, but without causing any damage.

Then these Rebels disembarked, out of their brigantine, on two boats,
their best men, with the intention to set them on shore and take us by
surprise, not suspecting that we had many people with us. When we
saw their luovements we took also our position, and went behind a row
of Ijuslies on the shore of the river, which is there al)oiit two good miles

918 COLONIAL RECORDS.

broad. The Rebels, seeing among our people my servant, who was
dressed in a yellow livery coat, wei"e frightened, as they thought that my
whole colony was at hand. We sent after them a few cannon balls which
slightly struck their mast ; this had such good result that the boat crews
did not dare to land, but returned aboard the brigantine. Finally, fear
seized them in such a way, that they hauled up sails and took flight.

Flight of the Rebels. — An amnesty for the deceived. — Gov. Hyde recog-
nized by Parliament.

We did not fail to pursue them at once and embarked our l)est men
on a big boat, but they could not overtake them. The brigantine's crew,
however, being struck with panic, found a place convenient for landing,
went on shore, and the leaders fled through the woods. And so our peo-
ple conquered the brigantine, and brought it back, together with its lit-
tle crew and the ammunition, to the place where we were assembled. This
event sowed division among the Rebels and other evil-disposed persons
and strengthened our party. Having consulted among us, we found that
we ought perhaps to publish an amnesty for all who had been maliciously
enticed by the leaders, but the leaders themselves were denounced pub-
licily. A list was made out of all who had submitted to the new Gov-
ernment, and given their written adhesion, anil then we called together a
Parliament, where all matters concerning these disturbances were dis-
cussed, the most turbulent were secured and imprisoned, and to those
who confessed their faults, an amnesty was granted. During all that
was going on, I was obliged to take the "presidial," most unwillingly,
then the matter was delicate and dangerous. My first aim was to work
with all my might in order that the new Governor, M"' Edward Hyde,
should be recognized, in which I was successful, and so got rid of a
heavy bni'den. So every thing was quiet again and every one went
home.

TJie fire of Rebellion kindled again by Roach and others.

But that calm did not last long; the authors of the disturbance again
gathered together and R. Roach, mentioned above, established himself on
an island with ammunition and provisions, and made every effort to bring
together, the dispersed and Riuiaway Rebels. The Governor himself,
with his party, tried to dislodge him from his island, but he was so
strongly entrenched that nothing was done and the government's force
had to retire.

That seditions fire broke out again and was carried to sndi a pitch that
the second outbreak was nearly more serious than the first; in this dan-

COLONIAL RECORDS. 919

geroiis situation, it was considered expedient to look for helj) to the
neiglihoring- State, and decided that 1 should be delegated with t\v(j mem-
bers of Council to M" Alexander Spotswood, Govei'nor of Virginia, to
ask him to assist us, and a letter was sent to him in advance, in order to
impart to him our intentions. He very civilly appointed a place and
day for us to meet him on the frontier between Virginia and North Car-
olina, as he had anyway the intention to drill his troops in that neigh-
borhood.

3J/1/ deputation to the Governor of Virginia for help. — The required help

obtained.

I started for that appointment by water, on the same brigantine which
we had taken from the Rebels, because it was not safe to travel by land,
and besides, we were glad to take along some provisions in the neighbor-
hood. But when we had sailed some small distance, ^such a tei'rible storm
arose, that we were compelled to turn back. We therefore took a canoe
(it is a long and narrow boat dug out of one solid piece of wood, — and
daily used on those rivers) and we paddled up stream, after the wind had
somewhat subsided, but though we made all possible haste, we could not
arrive in time at the appointed place ; but the Governor of Virginia had
given orders so that he should be at once informed of my arrival, at Wil-
liamsburg, the place of his Residence. As soon as I had come, I wrote
a letter with my compliments and apologies to that lord, who did not fail
to come to the appointed place on the following day, with his Secretary
and two other gentlemen. We consulted there together, and the Gover-
nor received us very civilly. The job was harder than I expected ; after
I had exhibited ray credentials, I stated my re([uest, but strong objections
to it were made at once : " That the Virginians did not feel inclined to
"fight against their brothers and neighbors, inasmuch as they were all
"equally subjects of the Queen of Great Britain, that besides the case
" was somewhat embarrassing, the more so that M"' Hyde had not yet
"got his letters-jjatent." Some other expedients, therefore, were to be
found, and Gov'" Spotswood," to whom I had been recommended in the
name of the Queen, and who, for the first time he saw me, was desirous
to please me and not to send me away without granting me some favor,
asked me if I had to propose some other means or expedients which
would be of an easier achievement. I therefore, seeing that these Vir-
ginians were not disposed to help us, and that they perhaps somewhat
partook of that free and democratic spirit, bethought myself that per-
haps something might be obtained in the shape of regular troops. I ac-

920 COLONIAL RECORDS.

cordingly asked the Governor, in his capacity of rear-admiral of the Vir-
ginia Coast, to be so kind as to send us a well-equipped man-of-war, which
request he granted. He at once sent us a brave captain, who did his duty
very well. I did not doubt but that, as soon as he would appear with
the red coats, (the livery of the crown, common to all men in Her Maj-
esty's pay,) it would have an excellent effect.

The Virginian Man-of- War comes to the rescue.

I took leave of that lord, and departed for home, and before my de-
parture that lord showed me extraordinary favor, invited me to come to
his home and offered me his services in whatever could be in his power.
I arrived at the Government-house and reported what I had done, and
my negotiation was approved and met with general applause, as well
from the Governor and Council, as of all well-intentioned people, what
fact did not little increase my credit.

After some time the captain of the ship arrived with his brave sailors,
and after he had complimented us and handed the letter of Gov"^ Spots-
wood in presence of the Council, we asked him to declare before the
General Assembly and all the people, that if the rioters would not return
to their duty, he had orders to deal with them with the greatest severity.
That had indeed such good effect that no body dared to stir, and the au-
thors of the disturbances took flight. At the same time, we received let-
ters from London, stating that the LL. Proi)rietors had appointed M''
Edward Hyde as Governor of North Carolina, and that his letters-patent
had been handed to a trustworthy person who was to bring them, — what
calmed much the popular excitement, and the evil-inteutioned came to
confusion.

Colonel Cary, nuide a prisoner in Virginia, is sent to London.

That Col. Cary, so often mentioned above, was arrested in Virginia
with other persons concerned in his plot, and sent to London in a well
equipped ship. He was prosecuted, what created much sensation.
Happily for him, however, two lords took his part and saved his life;
he was liberated on bail, and a judge was assigned to him in Carolina,
in order that he could defend himself there, — where the case was delayed
so long that to-day sentence is not passed, — but I believe that he is not
verv anxious to hasten the judgment of an affair so risky.

All these troubles had been not little conducive to the invasion of the
Savages, in as much as some of the rioters had defamed Gov'' Hyde, in
the opinion of the Indians, to such a degree, that they held him for their
declared enemy. I could ascertain that fact myself, when I was made a

COLONIAL RECORDS. 921

prisoner by the Savages. Believing that I was the Governor, they dealt
very ronglily with me, until an Indian who understood English and
knew rae told told them that I was not Gov"^ Hyde; I had then a rather
better time.

3Iy return to New-Bern — 2d departure for the Gov^-seat — The Gov''' pre-
sents himself to the GenP^ Asa^^v.

After every thing was calmed down, I ^vent back to Newbern, in order
to see what my poor colonists were doing, but I could not stay there long.
The Gov"' liaving at last received the letters-patent, called a General
Assembly together, in order to present himself. I had, of course, to be
thei'e, and was very glad to improve that occasion, and to apply to that
uew Governor for what I could not obtain from Col. Cary. I found,
indeed, the Governor very willing to do rae justice, but when it came to
measures of execution, he was himself so pinched and straitened, that he
hardly had enough to supply his own wants. I was accordingly com-
pelled to apply to the Parliament of the Province to ask for what I had
not been as yet able to obtain in account with the LL. Proprietors, —
what was, however, the very foundation of my enterprise. Disappointed
as I was by the breaking of so many fine promises made formerly to me,
I found myself in great perplexity, with all my people dependent on me
and my expense, so that it was impossible to go on in the same way ; to
get new means of support from my own country would have taken much
time ; as we could, however, not live on air, I asked the Province to
assist me on the same conditions to which the LL. Proprietors had
agreed towards me, and to provide me with victuals and necessaries for
two or three years on credit, which advance money I should pay back
afterwards. I was not more successful with these; under pretence that
the civil war had exhausted them, I was not complied with, and obliged
to return home deprived of every thing. I nevertheless made still my
ettbrts, and aided the colony the best I could, as it has been told above.
Hereafter the narration of the Indian war takes place.

Motives or causes of the Indian War.

What kindled that Indian or Savages' war \vere, above all, the sland-
ers and insinuations of a few rioters against Gov' Hyde and against me.
They made the savages believe that I had come to expel them from their
lands, and that they would be compelled to settle much further, towards,
or even in, the mountains ; I convinced them that such was not my in-
tention, and they could ascertain it by the gentleness and civility of my

112

922 COLONIAL RECORDS.

behaviour towards them, and by the payment which I made to them of
the lands where I had settled at first, and ^vhere I had founded the small
town of Newbern, although I had already paid double their worth to the
Surveyor Lawson, who sold them to me as free of whole incumbrance,
not telling to me that there were Indians. Again, I had made peace and
alliance with the King and his Indian dependents, which were well sat-
isfied with me; (3) an important cause was the carelessness, negligence,
and lack of precaution of the Carolinian residents ; (4) it was the rough
treatment of some turbulent Carolinians, who cheated those Indians in
trading, and would not allow them to hunt near their plantations, and
under that pretence took away from them their game, arms, and ammu-
nition. There even was an Indian killed, which most incensed them,
and not unjustly.

These poor Indians, insulted in many ways by a few rough Caroli-
nians, more barbarous and inhuman than the Savages themselves, could
not stand such treatment any longer, and began to think of their safety
and of vengeance, what they did very secretly. Unfortunately, believ-
ing myself entirely at peace with them, I contemplated a pleasure trip
up the river, and this was just the place where they had a general appoint-
ment to discuss the matter mentioned above. What made me feel all
the safer, was that, some 10 or 14 days before, I had been lost in the
woods, as I came from surveying some lands, and been ovei'taken by night ;
following a path, I suddenly met a party of Indians which had moved
from Chattawka, the place Newbern actually stands. The reader may
think whether I should have dared to present myself there, had I not
really lived in peace with those Indians; I, however, could not help
feeling some secret apprehension, — they would have had a good occasion
to revenge themselves on me, if I had done them any harm, — but, hap-
pily, they received me very well. As I was very thirsty, having Mean-
dered all day through the woods, — fearing that drinking much water
would hurt me, — they sent at a sick woman's house, for some cider which
had been bought for her, and gave it to me, (a great kindness indeed,
coming from heathen !). The King made me a jjresent of a large piece
of venison, they had bonfires through all the night, and danced and sung
during I was alone with my footman in the small tent which I got
pitched to lie down, but I could not sleep on account of that noise.
Next morning, the King gave me an escort of two Indians who
saw me home ; after having given them plenty to eat, I made them a
small present and sent to the King in return of his cider two bottles of
rum, a kind of brandy made out of sugar-dregs, which were gladly re-

COLONIAL RECORDS. 923

ceived, as I have heard since. This same King took a hirge part in my
liberation (together with Divine Assistance, and secondly to it,) when I
was made a prisoner and sentenced by the Indians of the Upper-River.

Fourth cross-acekJenf.

How I was made a prisoner by the Indians, sentenced to death and
miracnlonsly liberated. What took place among the Indians, and what
I observed during my confinement. How at last I returnetl and arrived
home at Newbern.*

(A copy of the relation written to M'' Edwartl Hyde, Gov' of N.
Carolina, on the 2.3* of October 1711, concerning my miraculous rescue
from the Indians or Savages.)

My most noble and honored Lord:

I have at last escaped from the cruel, hands of this barbarous nation,
the Tuscaroras, by the providence and miraculous assistance of the
Almighty, and have arrived at my small home in New Bern, but half
dead. I have been, indeed, compelled to go on foot, quite alone, during
two whole days, and with the greatest speed possible, througli the woods
of Catechna, and was obliged, as night overtook me, to halt near a horri-
ble ditch, full of water and brushwood.

I leave you to think, sir, the pitiful way in which I spent this night,
fearing to be overtaken by savage strangers, or torn to pieces by the many
bears who growled all the night through around me and quite near to the
place where I was. Besides, I was quite lame, for having walked so
long and at such speed, and had no arms for my safety, not even a knife,
nor anything to strike fire, I was nearly dead with cold, shivering under
the north wind wliich blew during the whole night. At daybreak, when
I attempted to rise from my damp and cold couch, my legs were so stiff
and swollen that I could not take one step, — but, as I could not stay
there, I had to walk at any cost, and I supported myself on two sticks
to proceed on my way.

Arrival at Newbern.

I had much troulile in crossing that ditch, what I achieved by creeping
along the long offshoot of a tree. At last, with much pains, I reached
my quarters. As I drew near the house, and saw it fortified and full
with people, I felt a little better at heart, — indeed, I was afraid to find

*De GrafJenried's orthography for Newbern, most of the time, iti tlie German form.
New Bern. (Translator).

924 COLONIAL RECORDS.

everything burnt and ruined by the Indians, as well as the houses of the
poor colonists, and expected to find but very few of my people, since I
knew only too much about the cruel raid of the Indians along the rivers
Pamptego, News, and Trent, where, resolved to lay waste the whole coun-
try, they burnt, killed, and plundered whomsoever and whatever they
found in their way.

When my good people saw me coming from afar, tanned by exposure
like an Indian, but on another hand considered my figure and my blue
jerkin, they knew not what to think, but, in their firm belief that I was**
dead, they rather believed that I was an Indian spy dressed in my jerkin,
coming to Match something; the men even took up their arms, but when
I came nearer walking with two sticks, and quite lame, they well saw by
my look and attitude that I was not an Indian or Savage. However,
they did not know me at once, but a few came in my direction to recon-
noitre me. When I saw them so puzzled, I began to speak to them from
afar, with such a weak voice however, that, in their surprise they fell
back a few steps, and hallooed to the others to come, that it was their
lord, whom they thought to be dead. And so all came in crowds, men,
women, and children, shouting and crying out, paii: of them weeping,
others struck dumb with surprise. It was really a strange sight, and
this medley of sadness and joy, of wailing and delight, moved myself to
tears.

After having exchanged a few words with those people around me,
exhausted as I felt, I at last came home, and after having closed the door
of my private room, I made my ardent prayers, giving glory to the Good
God for my miraculous and gracious rescue, which may well be held, in
these times, for a miracle.

The following day I asked wdiat had taken place in my absence, but I
heai'd such sad news that I felt nearly broken-hearted. The worst was,
that besides 60 or 70 Palatines and Swiss who were slaughtered, the
others, who ran away, were robbed and plundered, and part of those who
remained left my house and the townlet, where, however, was the stores
of their own goods ; they did that by the instigation of one certain Wil-
liam Brice, an ungrateful man, for whom I had done much good, and
whom even the Palatines and myself had rescued from the greatest want.
Without even thinking of our kind acts, and in order to secure the de-
fence of his own house with the exclusion of others, he debauched and
led away from me, by all kind of promises and artful trick;s, my people,
in order to turn them, with a few English residents, into a garrison. So
I had to content myself with a ci'owd of women and children, having not

COLONIAL RECORDS. 925

more tluiu 40 men able to hear arms; all these people, however, area
heavy burden for me; my whole provision in grains, in great and small
cattle has to be used in this sad plight; if we do not receive very soon
the needed assistance, we have to die or to leave the place and the post.

Therefore, my noble and most honored Lord, we earnestly entreat yon
to supply us with the necessary provisions and amunition, — and with
well-armed troops, in order to drive back those bairbai'ous ruffians; if
not, the evil will grow more and more, and it is to be feared that the
whole country might come to ruin.

It is surprising, yea, scandalous to see such coldness and such lack of
sympathy in the inhabitants of Albemarle County, who can look on with
folded arms, when a savage and barbarous nation slaughters their nearest
brethren. They even ought not to expect a better fate, inasmuch as they
draw upon themselves these same misfortunes by such profound lethargy,
when they ought to take more to heart the ruin of their brethren and
their own danger. It is not less surprising to see so little energy and
good order among the office holders, your High Lordships being excepted
in best form : I am, indeed, persuaded that your Lordship has not
failed to give all necessary orders, but that they have not been executed,
what is to be regretted.

My most honored Lord, — The above statement is only to explain how
I came home, but, for my justification, I must show how I did fall in
the hands of that barbarous nation.

Beginning of my fatal trip to Catechna, or at the Indian Nation's, called

Tuscoruros.

One day, as the weather was very fine, and there was good appearance
that it would last. Surveyor-general Lawson proposed to me to go up
Neus' River, hinting that there were plenty of good wild grapes, which
we could gather for refreshing oui'selves. This statement was, however,
not strong enough to prevail on me. A few days afterwards, he came
back, giving better reasons. He remarked that we could see, in the
meantime, whether the River may be navigated in its higher course, and
that a new road to Virginia might be laid out there, the actual route being
long and difficult, — and likewise visit the Upper country. I had, indeed,
been anxious for a long time to know and see by myself how far it is
from here to the mountains.

I accordingly resolved to take that trip, and we took provisions for
15 days; I, however, asked M' Lawson whether there were any danger
(ni account of the Indians, especially on account of those which we did

926 COLONIAL RECORDS.

not know. He answered that tliere was no danger in that direction, as
he liad already taken that trijj once, that surely there were no savages
living on that branch of the River, that they used to be very far from
it. But, in order to feel all the safer, we took with us two Indian neigh-
bors, which we knew well, and to whom I had done much good, with
two negroes to row. One of the Savages knew English, and we thought
that, as we had those two Indians with us, we had nothing to fear from
the others. So we went peacefully on our way; it had not rained for a
long time, the River was not very high, and the current all the slower
for it; the whole day we went up the river, — by night we pitched our
tents near the water, and early in the morning we proceeded further.

May your Lordship please to take notice that Surveyor-General Law-
son required my liorses, saying that we could go through the woods, to
see where the road to Virginia might be begun most conveniently. At first
I would not consent ; at last, he asked only for one, which I granted.
One of the Indians went on horseback by land, but he was compelled to
cross the river at one place, what was our misfortune, for he came to the
great village of Catechna (I do not know whether he lost his way, or if
he did that by treachery). There he was at once asked what he was
doing there with that lu)rse, (they do not use horses in those parts) ; he
answered that he was to bring it back to ns, and that we were going up
stream. This immediately alarmed the inhabitants of Catechna ; they
crowded together from the whole neighborhood, kept the horse, and told
our Indian that he ought to warn us at once not to advance further in their
country, that they would not allow it, and that we had to turn back, by
the orders of the King who resided there. Our Indian accordingly gave
us a signal in firing his gun, in order that we should stop. We stopped
indeed, after having also let off our gun ; it was already late when he
brought this bad piece of news, we landed at the next spring to pass the
night, but we already met Indians, armed as if they had come from hunt-
ing. I said, that I did not like the looks of things altogether, and that
we ought to. turn back at once; but the Surveyor-general laughed at me.
We had hardly turned our backs, when things began to look seri(ius, and
laughter, in a twinkle, expired on his lips.

How we were arrested by a gang of Indians.

Such a number of Indians came out from the bushes, some even swim-
ming across the river, and overtook us so suddenly, that it was impossible
to defend ourselves, for fear of being killed on the spot, or cruelly mis-
treated. They, accordingly, took us prisoners, plundered our things, and
led us awav.

COLONIAL RECORDS. - 92 <

"We liad alreailv' made a good two day's journey, not far from another
village called Coerntlia. The river there is still pretty broad, but it is
not deep over 2 or 3 feet, and this place is as yet very far from the
mountains.

Arrival at Heneock's Toume or Chtechna. — Reception of King Hencock. —

Gh'cat Indian Festival, or Assembly.

We had entreated the savages to leave us there, over night, with a few
guards if they doubted us, remonstrating that we could any how not go
very far on foot, and telling them that we should go the next day down
the Rivei-, to see the King at Catechna and justify ourselves, but we
could not succeed. Such a rare and considerable capture made them
proud ; indeed, they took me for the Governor of the Province himself;
we were compelled to run with them all the night through the woods,
across thickets and swamps, till we arrived at about 3 o'clock in the morn-
ing at Catechna or Hencocks-Towne, (that is to say : the village of Hen-
cock), where the King, called Hencock, was sitting in state, with his
Council, on a kind of scaflFold, — though the Heathen or Savages usually
sit on the ground. After an oration, apparently much exaggerated, made
by the leader or captain of our escort, the King stood up with his Coun-
cil, and came to us with the first captain-of-war, approaching us and
speaking to us very civilly ; but we did not understand their language,
with exception of a very few words. Soon afterwards, the King went
into his cabin or den, and we remained near the fire, guarded by 7 or 8
savages. Towards 10 o'clock, every savage came out of his den, one
here, one there, and they discussed at length the question, whether we
ought to be bound as criminals or not. They concluded negatively, in-
asmuch as we had not been heard as yet. Towards midday, the King
himself brought us to eat a kind of bread made out of buck-wheat,
calleti " Dumplins," and some venison, in a disgusting " cap " ; I eat some,
indeed, though unwillingly, but I felt very hungry; we were at liberty
to walk through the village. Towards evening, there was a great festi-
val, or an assembly from all places of the neighborhood, to discuss two
matters: (1) How they would avenge themselves for the rough dealings
of a few wicked English Cai'olinians who lived near the Pamptego, News,
& Trent Rivers ; (2) to feel their way as to the help which they could
expect from their Indian neighbors.

[N. B. It must be observed that it was neither I nor my colony, who
were the cause of that terrible slaaghfer or Indian war, as it may be seen
at page [44 MSS].

928 COLONIAL RECORDS.

In the evening, there came a great many Indians from every direction
with the neighboring Kings. The "Assembly of the Great," as they
style it, (consisting of 40 elders siting on the ground around a fire accord-
ing to their custom) took place at ten o'clock at night in a great and beau-
tiful open groinid (especially devoted to great festivals and executions).
King Hencock presided. There was, in the circle, a place set apart for
us, with two " mats " (a kind of mattresses made with rush), a mark of great
deference and honor; we therefore sat on them, and on our left side our
"speaker," the Indiau who had come with us and who knew English very
well. The King beckoned to the Speaker of the Assembly, who made a
long speech with great gravity, and it was ordered that the youngest of
the Assembly should represent & defend the interest of the Council or
Indian Nation, what he made indeed in best form, as I could observe it;
he was seated nearest to our own speaker and interpreter, — the King put-
ting always the questions, and then the j/ro and eon were discussed, and
they consulted over the matter of these questions. After that, they came
to a conclusion.

Our examination before the Assembly of forty Elders. — Owr liberation.

The first question was : to what purpose we had undertaken that jour-
ney; our answer was that we had come up the river for our recreation
and to gather grapes, to see whether the river would be fit for navigation,
in order that goods could be brought to them by water and trade carried
on with them, and that a friendly intercourse could be held with them.
After that, the King asked us why we had not acquainted him with our
plan. Then the question was of their general complaint, and of the fact
that the Indians had been badly abused by the inhabitants of the rivers
Pamptego, News, & Trent, what could not be suifered any more ; they
spoke the name of the offenders, and especially of Surveyor-general
Lawson, who, being present, excused himself as well as he could After
having discussed at length, and come at last to the votes, they concluded
that we could be liberated and the following day was appointed for our
return home.

Second examination. — Lawson quarrels with Cortoia, and causeJi our niis-

fortunc.

The following day, it was some time before we could get our canoe or
small boat; in the mean time some of the "Great" and two foreign
Kings came and were curious to know which were our reasons of justifi-
cation. They caused us to be examined a second time in the cabin of

COLONIAL RECORDS. 929

King Hencock, 2 miles distant from tlie village. We made the .same
answer as before. Unfortunately, the King of the village Coi'e was there
and repi'oac^ied M"" Lawson for something, and they begun to quarrel
with some violence, what spoilt things entirely; though I made every
effort to get Lawson to quit his quarreling, I could not succeed.

Our examination being ended at last, we all rose, and I walked about
with Lawson, and upbraided him for his im2)rudence in such delicate
conjuncture. All at once 3 or 4 of the "Great" pounced upon us, took
us violently by our arms, and led us back to the place where we had
been before. No mats were spread before us, — they took our hats and
periwigs and threw them into the fire, after that, some young rascals
plundered us anew, and searched our pockets, what had not arrived the
first time, when they contented themselves with taking our heavier lug-
gage.

This is the -ith cross-accident. — Lawson and I are sentenced to death.

After that, a council of war was held, and we were sentenced to death,
without l)eing told what was the cause of such sudden change, though I
could nearly guess at it. We sat on the ground through the \vhole
night, until daybreak, in the same position. We were then Avere led to
the great execution ground, a bad sign for us ; I addressed M"" Lawson,
reproached him bitterly, and told him that his imprudence was the cause
of our misfortune, and that we had nothing better to do than to make
peace with our God, what I did with great zeal. — When we arrived on
the said spot, the Council was already assembled. Before we entered the
circle, I happened to see a savage dressed like a Christian, who knew
English, and asked him if he did not know the cause of our condemna-
tion. He reluctantly answered me : " Why I^awson had quarreled
with Cor Tom? That we had threatened that we would avenge
ourselves on the Indians," — upon which I took that Indian aside, and
promised him all I could think of, if he would hear me and show my
innocence to some of the "Great."

The Indians bind us and lay its on the ground before the Indian tribunal.
It was hard to persuade him, but, at last, he listened to me, and I
accordingly told him that I was very sorry that M"' Lawson had so im-
prudently quarreled with Cor Tom,* that the Councillors had seen them-
selves how I had reproached M'' La^vson more than once, that I was not

*The MS. has it "Cortoiu", in this passage. (Translator)

113

930 COLONIAL RECORDS.

to be blamed for that, — as to the alleged threateniugs, " nobody had ever
thought of them, there was to be some misunderstanding, Lawson
accusing my negroes of having troubled his rest the first night, — and
I had tlireatened my negroes in a loud voice, on account of their
impudence," that no otlier word had been spoken. Afler the Indian
had listened to me, he left me, and I repeated my promises. I cannot
say whether that scoundrel spoke for me or not, but a quarter of an hour
afterwards, the elder "Greats" came back and took us to the execution-
ground, binding our hands and feet: they did the same to my bigger
negro. Then began our sad tragedy, which I would like to tell, if it
was not too long and dreadful, — but, — since I begun, I will go on.

Relation of the Indian ceremonies of exeauiion. — The Baron de la Hon-

tan does not aeknoivledge it in his relcdion on Canada, — but other authors

do.

In the centre of that great place, we were seated on the ground, the Sur-
veyor-general and myself, bound and undressed, with bare heads ; behind
me, was the bigger one of my negroes, and in front of us, a great fire ;
near it, was the conjuror or High Priest (an old grizzled Indian ; the
priests are generally magicians, — and even conjure uyt the Devil); he
made two white rounds, — whether of flour or white sand I do not
know, — just in front of us, there was a wolf's skin, and a little further
an Indian Savage standing, in the most dreadful and horrible position
to be imagined ; he did not move from the spot, with a knife in one
hand, and an axe in the othei", — it was apparently the executioner. Fur-
ther still, on the other side of the fire, there w^as a great mob of Indian
rabble, consisting of young men, women, and children, who danced with
frightful contortions. In the centre of the circle was the Priest or Con-
juror, who made his threatenings and exorcisms, when there was a pause
in the dance ; there were, at the four angles, officers armed with guns,
who stimulated the dancers by stamping with their feet, and when a
dance came to an end, they fired their guns.

In some part of the circle, two Indian savages were seated on the
ground and beat a small drum ; they sung a mournful tune, rather fit to
provoke tears and anger than joy. After they were tired of dancing,
they all ran into the woods with dreadful outcry and howling, and soon
came l^ack with their faces painted 'in black, red, and Mhite. Some of
them had their hair fiying, greased all over and spriid<]ed with minute
cotton and small white feathers, and some arrayed in all kinds of furs.
In short, thev were dressed in such friglitful wav, tliat they looked rather

COLONIAL EECORDS. 931

like a set of Devils than like any other creatures; yes indeed, never was
the Devil represented with a more frightful appearance than these sav-
ages running and dancing as they came forth from out the woods, drew
up at the old place once more, and danced around the fire.

Meanwhile, two lines of armed Indians stood behind us as guards, and
never moved from their post, till everything was over. Behind this
guard the Council of war sat on the ground in a circle, and were busy
with consultation. Towards evening, the mob left off dancing, in order
to bring wood from the forest, and to keep up the fires in different places;
— especially, they made one far in the woods, which lasted all night,
and so great tliat I thought the all forest to be in fire. I leave you to
.thiidv, my most honored Lord, what a fearful and sad sight that was to
me. I was wholly resolved to die, and accordingly I offered up my fer-
vent prayers during the whole day & night. Alas ! I had all kind of
thoughts, all the circumstances of my whole life lieing called to my mind,
in as far as I could remember them, even unto the least sins. I tried
and recalled all what I had read in the Holy Scripture, the Psalms, and
other good books, — in short, I prepared myself, the best I could, to a
good and "salutary" death. Yes, the good God gave me such grace, as
to await deatli with great firmness, though I foresaw a terrible execution.
Af^er having suffered dreadful anguish, harder to bear than the fear of
death itself, I nevertheless kept -I know not what a faint hope, though I
could see no chance of lil)eration. As my ])ast sins occurred to my
mind, I found, in the meanwhile, a great consolation, in considering the
miracles which the Ijord Jesus had made, in his time, on the earth. This
created in me such -confidence that I addressed forthwith my ardent pray-
ers to my Divine Saviour, not doubting that He would grant them, and
perhaps change these savage and barbarous hearts, harder than rocks, to
be more favorably inclined towards me, so that by my strong entreaties
and solicitations, they might be moved to pity and compassion in my
behalf, so that they would pardon me, — what, indeed, happened by God's
miraculous Providence.

The Council of war delay 'my execAition and send delegates to the Tusco^
furos.

Really, the sun was nearly set, when the Council assembled once more,
probably to make an end of that fatal, frightful, and mournful cere-
mony ; I turned round some little, though I was bound, knowing that
one of them knew English pretty well, and I made a short discourse
showing my innocence and insinuating that, if they would not spare me,

932 COLONIAL RECORDS.

the great and powerful Queen of England would avenge my blood, as I
had brought that colony in those coimtries by her orders, not to do them
any wrong but to live on good terms with them. I fui'ther stated what-
ever I thought fit besides, to induce them to some mitigation, offering
them my services, if I were liberated. After I had done speaking, I re-
marked that one of the notables (who had seemed already disposed to do
me some good, — who had even brought me to eat once, — and who was a
relation to King Taylor, from whom I had bought the land \\here New
Bern now stands), that that notable spoke earnestly, apparently in my
favour, as it came out. Then it was forthwith resolved, to send a few
members to their neighbors, the vUlayes of the Tuscaroros, and to a certain
King Tom Blunt, in high repute among them.

The result was that I was to live, but that poor Surveyoi-General Law-
son was to be executed.

Opinion of the other Indian neighbors, that King Heneock should liberate

me, — but deal a.s he pleased vnth Latoson.

I spent that whole night in great anguish, awaiting my fate, (always
bound in the same place), in continuous prayers and sighs. Meanwhile
I also examined my poor negro, exhorting him in the best way I knew,
and he gave me more satisfaction than I expected, — but I left Surveyor-
General L. offer his own prayei's, as being a man of understanding, and
not overreligious. Towards 3 or 4 in the moi'ning, the delegates came
back from their mission and brought an answer, but very secretly. One
of them came to me to unbind me ; not knowing what this meant, I sub-
mitted to the will of the Allmighty, rose, and followed him as a poor
lamb to the slaughter. Alas ! I was mtich astonished when the Indians,
a few steps from the formei- place, whispered into my ear, in a gibberish
intermingled with English, that I had nothing to fear, that they would
not kill me, but that Lawson would die, \vhat affected me much. About
twenty steps away from the place where I had been bound, the Indian
led me to the cabins or dens, but I had no appetite. All at once, came
quite a crowd of Indians around me, and did unanimously show much
pleasure at my liberation. This very same man brought me back to the
old place, but a little further, where the Council was assendiled, and they
congratulated me in their way, and smiled at me.

I was however forbidden to speak the least word to M"' Lawson, and
to have any intercourse with him. They also liberated my negro, but I
never saw him since then. Poor Lawson being always left in the same
jilace, I could understand that all was over for him, and that he would

COLONIAL RECORDS. 933

not be pai-doned ; he took aceordingly leave from me, and told me to say
farewell, in his name, to his friends. Alas; ! It grieved me mneh to see
him in snch danger, not to be able to sjjeak with him, nor to give him
any consolation ; so I tried to show him my compassion by a few signs.
Some time afterwards, the man who had spoken in my favor to the
Council, took me by the hand and led me to his cabin, where I was to
keep (juiet awaiting new t)rders.

Execution of Surveyor- General Lawson.

In the meanwhile, they executed that unfortunate Lawson ; as to his
death, I know nothing certain; some Indians told me, that he was threat-
ened to have his throat cut, with the razor which was found in his pocket, —
what also acknowledged the small negro, who was not executed, — iTut some
said he was hung, some said he was burnt. The Indians kept that exe-
cution very secret. God have mercy upon the jioor soul !

The Indians assert that they are going to war agaimt the Caroliniam. —
The Indians, though they had liberated me, do not yet aUoio my returning
home.

The day after Surveyor-General Lawson's execution, the notables of
the village came to me, making me acquainted with their design to make
war in North Carolina, and that they were especially embittered against
the people on the Rivers Pamptego, New, Trent, and Cor sound, and that
they had accordingly good reasons not to let me go, till they would have
ended their expeditions. What was I to do? I had to take patience,
and reasoning was of no avail. It Avas a painful position, to hear such
bad news and to see myself unable to help these poor people, or even to
give them the least warning. True, they promised me that no harm
would be done to Chattoocka (the old name of the town of Newbern),
but that all people of the Colony ought to go into the town, if not, they
could not answer for the evil which could happen, — good words enough, —
but how was I to let it know to these poor people, since not one of the
Indians was willing to carry them a message? Accordingly, I could but
submit the whole to the Divine Will.

The Indians come back with their booty, and bring Carolinian prisoners.

Those who began that robliery and plunder were 500 men strong, well
armed. They consisted in gangs from different places, one part were
Tuscoruros (hoA\'ever, the most important villages of that nation did not
take part in the affair), the others were Marmusckits from the rivers

934 COLONIAL RECORDS.

Boiy, Wetock, Pamptego, News, Trent, and Cor Indians. They -svent
in small platoons, plundering & killing the jioor people of Pamptego,
News, and Trent.

A few days afterwards, the njbbers eame l^aek with their booty. Alas !
What a sad sight for me, to see the women and children prisoners ! It
nearly rent my heart. I could well speak witli them, but with mucii
precaution ; the first came from Pamptego, the others from News & Trent.
The very Indian with whom I lodged happened to bring with him the
young boy of one of my tenants, and much clothing and furniture wliich
I well knew. Alas ! What was not my apprehension, in seeing those
spoils, that my whole colony was ruined, — especially when I privately
asked that young boy about what had happened. He cried l)itterly, and
told me how that same Indian witli whom we were lodging liad killed
his father, mother, and brother, yes, the whole family ! Nevertheless, I
did not dare to look as if it affected me. I had to remain, for six weeks,
a prisoner in that hateful place, Catechna, always in fear of unutterable
dangers and sorrows. Many events took place during that time; I was
once much perplexed : all men had gone to that plundering-expedition,
the women were all gone, also, out of the village, in order to gather \vild
cherries, others went to dig some kind of rot)ts, called "Potatos", which
are yellow, very good and dainty. On that day, I was all alone by my-
self in that village. I struggled hard to decide whether I should take
flight and return home, or not, I had a long struggle about it; in that
doubt I thought it best to pray for my God's help, in order that He
M'ould impress upon my mind what I was to do in such delicate and
dangerous conjuncture. I accordingly said my prayers, and then exam-
ined the pro & con, and found at last that the best I could do was to stay
there, — confident as I was that He, who had drawn me out from the first
danger would assist me further. Indeed, if only one Indian had met or
see me, I should have been a dead man, and no mercy could have been
expected ; besides, they would have been so incensed that they would have
gone to the town before my coming home, (as I did not know the way
very well), and would have taken, plundered, burnt and killed everything
and everybody. Experience,' since, has shown that I made a wise choice.

After these heathen had done with the greatest part of their barbarous
expedition, they came home and rested for some time. I looked for a
favorable occasion, when I could meet the leading men of the village in
good humour, to ask them whether I could not soon return home. In
order to impress them favorably, I proposed we should conclude a pri-
vate peace, and promised, at the same time, to every one of the " Greats "

COLONIAL RECORDS. 935

of the ten villages a jerkin made of some cloth, and sometliino; more for
my ransom to the King, 2 bottles of powder, 500 grains of small shot, 2
bottles of rum, which is a brandy distilled from sugar-dregs. The Indians
wanted much more, as, for instance, some guns, more powder and lead or
small shot, but I remonstrated to them that those things were contra-
band, and that it was forbidden, under pain of death, to sell or give such
goods to the enemy, — that I was at least to remain neutral, and to assist
neither one side nor the other; if not we could not conclude a serious
peace. They finally yielded to these reasons and others, and we accord-
ingly agreed, as may be seen by the treaty of peace concluded with tliose
Indians.

Baron of Brrnheir/ and Landgrave of Carolina.

Teeaty of Peace between De Graffenried and the Indians
OF THE Nation of Tuscoruros and their Neighbors.

Be it known to all men by these presents, that in the month of October,
1711, has been agreed between the Baron and Landgrave de Graffenriedt,
Governor of the German Colony of North Carolina, and the Indians of
the Nation of Tuscoruros with their neighbors from Core, Wilkinson's
Point, King Taylor, those of Pamptego and others from that country, as
follows :

(1) That both parties will let bygones be bygones and be good friends
in the future;

(2) The undersigned, Governor of the German Colony, must be abso-
lutely neutral in time of war between the English and the Indians.

Item : He will keep quiet in his house and town and let pass neither
the English nor the Indians, and do no harm to the Indians, as well as
these will not harm the others. In eventual misunderstanding between
the ones and the others, they shall not avenge themselves, but complain
reciprocally to the magistrates about that question.

(3) The said Governor of the German Colony promises to remain
within his limits and to take no more lands from them without due
warning to the King and his nation.

(4) Item, he promises to procure a cessation of hostilities for fifteen
days, so that fit and able persons may be selected and appointed to pro-
pose good and reasonable terms of peace, which, if i)ossible, be accepta-
ble to both parties, — and in order that this negotiation be not inter-
rupted.

(5) The Indians are allowed to hunt wherever they please, unmolested,
except that they shall n(,)t enter our plantations, for fear they should scare
away the cattle, and on account of the danger of fire.

936 COLONIAL RECORDS.

(6) Merchandise and provisions have to be sold to the Indians at a
reasonable price ; besides, it is agreed that no harm will be done to our
houses, which shall bear the sign below marked on their door.

The conditions and clauses above shall be exactly kept, to testify which
both parties sign hereunto with their usual signatures.

Instead of seal, N. De Gratfenried. Governor of
the mark of News the German Colony.

Instead of seal j Tuscoruros' Indians and

their usual mark ^ ' their neighbors.

But after we had entirely agreed, however, these distrustful savages
would not let me go home without having sure & certain securities.
They wanted me to send my little negro to Newbern, in order that all I
jiroGiised should be brought to Catechna; however, not one Indian was
found to go with him, though I offered to draw up a pass. I told them
that not one of my people who had remained would come up the river,
frightened as they were by the recent murders, and that my negro could
not pull a loaded boat up the river, all alone by himself. As we could
not agree, I left it to decide to the Indian with whom I was lodged, and
he settled the matter in a way which satisfied them as well as me.

TAf Governor of Virginw sends to liberate me from captivity.

On the very day on which I intended to send my negro to Newbern with a
letter directed to the person to whom I had entrusted the care of my house,
in order that he should bring half way the said ransom, for every party's
security, some strange Indians came, with a horse, sent by the Governor
of Virginia, and bringing a letter or injunction, the copy of which fol-
lows :

Injunction of the Gov'' of Virginia, translated from the English orig-
inal :

We, Alexander Spotswood, Lieutenant Governor Commanding the Col-
onies & Province of Virginia as in the name of Her Britanic Majesty.

To the Indian Nation who hold the Baron de Graffenried prisoner.

Having been informed that the Baron de Graffenried Governor & head
of the German Colonies in North Carolina is a prisoner among you.
We intimate and command you in the name of the Queen of Great
Britain, whose subject he is, that at sight of this order you liberate him
and send him to our Government. And we let you know by these pres-
ents that if you kill him or do him any violence or harm whatever, We
shall avenge his blood, and spare neither men, nor women or children

Given under our great seal, October S, 1711.

A. SPOTSAVOOD.

COI.ONIAL REC^ORDS. 9;',7

Nohddy but I could read that letter; it was rather stiif, and I did not
know what coinitenance I had to assume. At last, I thouglit that the
messengers knew anyway its substance, so I read it to the notables of
the village. After I was through, I observed something in their mien
that did not please me. I told theiu the substance of it. They then
held a Council, and it was resolved to let me go to that village of the
Tuscororos, where was the Indian trader from Virginia, who had been
in the village some time before when M' Lawson was executed, then went
back and related our sad adventure to the Governor, when that generous
Lord, M^ Spotswood, immediately sent back that Virginia ti-ader (who
traded with the Indians, understood and spoke their language well) with
the letter above, to the Tuscaroroes.

My excursion to those Indians, at Tasqui, where was the Virginian mer-
chant, by orders of the Governor.

The Governor himself went to the first Indian village, called Rato-
way, and stayed there with a strong escort, giving orders to the neigh-
boring militia to hold themselves ready for immediate action in case that
no good answer would be received. Accordingly, early in the morning,
T started on horseback with the Indian messengers and 4 of the notables
of Catechna, who accompanied me to the most important village, called
Paski; they walked as quick as I rode on my horse, and we arrived in
the evening at twilight. There was found a trader from Virginia.
That village was fortified with palisades, and the houses or cabins
were neatly made out of tree bark, they stood in a circle, and in the
midst of them was a beautiful round place, in its centre a big fire,
and around it the Council sitting on the ground, that is the leaders
of the Tuscoruros' nation. Places were left for the merchant already
mentioned, for me and for the Indians who came with me; after I had
greeted that Gentleman, we seated ourselves.

Meanwhile, I already secretly rejoiced, in the hope of being able to
go to Ratoway (where the Gov' of Virginia expected me) and to be at
last free to get away from the savages, but, alas ! I was not yet to suc-
ceed.

AsserMy of Tasqid on my behalf; they achiowledge that I ought to be

liberated.

The speaker of the Assembly began a great oration, and asked the 4
Indians who had come with me what was the cause of my detention and
my crime. After the Indian delegates had been heard, and I was recog-

114

938 COLONIAL RECORDS.

nized as innocent, it was concluded that the Gov' of Virginia was to be
complied with and that satisfaction should be given him, and it was set
forth what dangers could ensue in case of a refusal.

The merchant of Virginia, as being our interpreter, spoke for me the
best he could, but the 7 Indian delegates from Catechna would not yield
to this.*

My return to Catechna.

They feared to lose their ransom, though the merchant from Virginia
offered security for it ; their pretext was that they dared to do nothing
without the consent of the others and of the King. They promised,
however, to let me go as soon as the King & Council would have assem-
bled, but they insisted upon keeping my negro as a security, until the
ransom would be paid. On the following day, quite disappointed, and
in terrible perplexity, I took leave from the Virginian merchant, who
felt very sorry about the harsh behaviour of these Savages, and I returned
in a very sad mood. When we drew near to Hencock Towne or Catechna,
at a distance of about 3 or 4 miles from it, we heard much shouting, and
I saw some Indians coming forth, here and there, from out the bushes,
what seemed to me a bad foreboding and frightened me, not without
reason, the more so that they ran to me, quite out of breath and dismayed,
saying that the English and Palatines were quite near ; they mimicked
the Palatines in their gestures, -with an angi-y countenance, uttering the
words: "Ta,*Ta,"* and giving me thereby to understand that my
people appeared to be also against them, among their enemies. They
led me, through a roundabout way, across an ugly ditch, from where I
saw a fire from afar. I was much frightened, and did not doubt but
that I was going to be burnt on that inflamed wood-pile, or to be secretly
slaughtered in that terrible desert. After I had said my prayers I
studied how I could make them believe that the Palatines had not joined
with the English ; I explained to them that these words : "ja, ja," were
not German, but that it was a corrupt English : "aye, aye," which means
in English: "yes" and in French: "oui." I kept them in that belief

* It may be observed that the number of delegates is given now as 4, now as 7, and
in the first instance (page 79 MSS.)as 4. It was thought best, for fear of incorrectness, to
follow exactly the version given by the copy of the MSS., whenever such differences
exist. In the same way, the village wliere the events above took place, is called Pasqui
in the main text, but Tasqui in the margin,— and the Tuscaroras, nearly always Tus-
coruros. (Translator.)

** German "jor.jor": yes, yes. (Translator.)

COLONIAL RECORDS. 939

the best I could ; when we arrived to the place where was the tire, I was
surprised to see the whole populace of Catechna where I had been a
prisoner with their movables and some provisions.

Flaae where, on my return to Catechna, I founil all the wmnen & children

entrenched for safety's sake.

Though in the midst of a dreadful desert, surrounded with thickets,
thorns, and swamps, there was a fine wheat-field, with an Indian cabin,
and the place was surrounded with a deep river, which made a small
island of the whole, so that nature had built there a small fort well nigh
impregnable. All that populace mentioned above consisted in infirm old
men, women, children, and other young jJeople unable to bear arms.
Being myself in great fear, I did not fail to comfort them the best I could
in order to be welcome and to keep them on my side, assuring them that
nothing would hapjien to them as long as I should be with them. I also
told the warriors who had come to cheer them, that they ought to let me
go with them, that I should do my best to persuade the English to con-
clude peace, but they would not consent.

Retreat of the Carolinia.'ns, unable to resist the Indian force,^.

On the next day, the neighboring Indians, numbering 800 armed
rogues, came and gathered together and went for the Christians who were
only 60 in number, and not further from our village than 4 miles, (a
distance of 1 lieue and ^). The Palatines, who had no experience in
Indian warfare, were nearly all wounded and an Englishman killed.
Seeing that the Indians were too strong, they took flight and went home ;
the Indians went after them, but without doing them much harm ; they
only caught some little booty. The savages returned to Catechna with
some horses, victuals, hats, boots, and a few jerkins. When I saw all
that, especially a pair of very nice half-boots lined with silver, knowing
that no one else had such ones, I knew them at once to be mine, and was
surprised and frightened, thinking that they had plundered ray house and
the store, — but there was no harm done, — tlie reason why there were some
of my things among that booty, was : that my peoj^le used them for that
expedition.

The Indiana come back in triumph mith the booty and christian prisoners.

So, these savage soldiers, or rather robbers, returned home in great
glory & triumph, and we all came out from that secluded place, and went
back to our old (piarters, viz. to Catechna.

940 COLONIAL RECORDS.

Triuinpliid ceremonies.

During- a certain time, tliey burnt bonfires in the night, — especially,
they built a big one in the great place of executions, where they raised
three wolf's hides, figuring as many Protectors or Gods, and the women
brought offerings, consisting in their jewels, for instance necklaces of
wnmpon, which are a kind of coral, made out of white, violet, and golden
colored shells, previously burnt. There was, in the midst of that circle,
the Conjuror, I mean their priest, who made all kind of contortions,
conjurations, and threatenings, and all the remaining populace danced in
a circle around the hides.

My entire liberation and ileparture from Catechna.

After that Indian festival was over, I began to become impatient, and
asked some of the "great," if they would not let me go home, since they
had won the victory. One of them smiled and answei'ed me, that they
would see what they would do, that they would call together the King
and his Council. Two days later, they brought me a horse, early in the
morning, two notables escorted me for a distance of two leagues
from Catechna, gave me there a piece of Indian bread, and left me.
When I saw that I had a long way to make, I begged them to leave me
the horse, that I should certainly send it back, or that they would come
somewhat further with me, and nearer to my quarters, but I could not
obtain either from them.

They remained at the place where I left them, and built a big fire, and
warned mo that there were some foreign Indians in the forest, that I
should hasten and go very speedily, that I should even run as fast as I
could for a couple of hours. Indeed, I did so until night overtook me,
and I came to that dreadful desert through which I could not go in the
darkness, and which is mentioned at the beginning of this relation or
letter.

I have already related the remainder of my voyage to the Governor ;
it is time to finish.

P' How this Indian war began and how it ended; 2* Which were
the motives that moved me and comjielled me to leave my colony and to
go to Europe and to Bern.

Cross-aeeident — 5th mishap. Plot of a gang of tramps and turbulent ras-

ca Is from Ca rolin a .

What happened to me, on my return, anjong Christians, was well as
dangerous and vexatious as what I experienced among the Indians or

COLONIAL RECORDS. 941

Savages. Bci'ore the heathen's tribunal, I had my accuser unmasked ;
every thing was done in good order, notliing in a clandestine way, nor
turbulently or seditiouslv, but when, on my return, I thought of findino-
myself among christian friends, and of breathing at last some little, — it
was much worse!

A gang of rioters, jealous louts, and turbulent knaves, Carolinian res-
idents, because I would not at once espouse their hasty and cruel feelings
(as they pretended that I was to deliver up at their discretion, or kill an
Indian A\-ho came, according to the agreement made with the Tuscoruros
Ind., to ask from me the promised ransom, and to whom I had promised
a safe-con(hict,) made unjust and serious imputations against me, after a
secret information made against me, which created much sensation, speak-
ing no less than to have me hung, — though I had strong reasons not to
side with them and make war so inconsiderately against the Indians ;
this Avas all the more the case, that we had neither provisions in food nor
ammunition, nor enough men either,— and that half the Palatines had
deserted during my absence, — and that, most important of all, 15 pala-
tine prisoners were to be handed over to me after my ransom would be
paid. Was I not right to think of the liberation of these poor people?
and I was, of course, to beware: (1) of breaking my promise and agree-
ment, as made to and with the Indians, and (2) to risk those poor pris-
oners, in order to comply with giddy-heads who did not know what they
were about.

Fake aceiisation by a Palatine hkwksmith against me.

I had accordingly, in order to justify myself, to appear again before a
Tribunal, a Christian one, but which would have been worse than hea-
thenish, if things had gone according to the wishes and conspiration of
these enraged and seditious knaves. All that was plotted against me
with the very blackest perfidy by the agency of a Palatine, a wicked man
and a blacksmith by trade, who betrayed me as is stated below, to avenge
liimself of a punishment inflicted, and a very moderate one it was, for
having made dreadful im]n-ecations, committed thefts, been insubordinate,
and spoken horrid threateuings, even of murder.

The Palatine blacksmith mentioned above goes to the Indians and slanders

me in order to estrange them towards me.

That man, immediately after he had gone through his penalty, which
far from equal to his crime, consisted only in sawing logs for public ser-
vice, during one day, — crossed the river and met Indians, whose suspi-

942 COLONIAL EECORDS.

dons he raised against me, telling them I did not hold what I had prom-
ised to them, (the Indians), that I wheedled and deceived them, that, in-
stead of keeping peace and remaining strictly neutral, I sided with the
English, and even provided them with arms and ammunition. The In-
dians or savages, who could hardly believe in such perfidy from me, and
doubted the reports of that scoundrel, risked one of them, and sent him
to us, though with some fear of his being captured. Thereupon some-
thing ludicrous happened: That Indian, having crossed to this side,
watched his opportunity to speak t(^ some one of my people to inrpiire
about the truth of those facts; but when he \\'anted to draw near one of
my men, this one was so much afraid that he came, quite out of breath,
and spread the alarm in my quarters, telling me how he had seen an In-
dian who seemed anxious to draw near, how prol)ably the others were not
far. It really alarmed nie, and I drew up my men into position. Mean-
while, it struck me that the Indians, impatient to get their ransom might
have sent some one tt) see how things went on. I accordingly ordered
that same man who had been so much frightened to go to the same place
where he had been first, — and that I should ])ost men to defend him in
case of danger, what was soon done. The Indian did udt fail to show
himself, and, approaching, made signs to him, that he liad nothing to
fear, and my nian made the same signs; finally they drew near to each
other, and conferred together. (N. B. The Indian spoke English). They
came to speak about what the blacksmith had told on me ; the Indian
never told his name, but he spoke of him in a way that it was easy
enough to guess. Our man, who had instructions, explained that they
had been told lies, that it was a dishonest man who made such sinister
report, that nothing was less true, that I kept a strict neutrality, though
the English were not pleased with me precisely on that account; he added
"that the Indians ought to bring back the palatine prisoners, if they
wanted to have theii- ransom," and sevei'al other things which I had or-
dered him to say. He told him also, that in future none of them ought
to come so near us, that if they had something to say, they ought to light
a big fire right opposite to our quarters, and that I should then send some-
body in a boat to speak \vith them, — that the interview was to take place
on the water, — and that accordingly they ouglit to come in a boat also,
and not more than 2 ])crsons in it at once.

The aforesaid blcocksmith goes to the Caroliniaii rioters, and slanders me in

the same way as with the Indians.

As I had discovered that treachery and intended to arrest secretly the
fellow to punish him as he deserved it, but he had some inkling of it and

COLONlAT> RFX'ORDS. 043

ran away ti) a man called Brice, who was coiiiniaiider of that seditious
gang which gave nie much trouble, as will he stated lielow, the same who
already had debauched one-half of my Palatines. When the blacksmith
above mentioned got there he told these Carolinian prowlers the same he
had said to the Indians, and more, against me, and w-ent so far as to make
me pass for a traitor to the Nation. They made a list of more than 20
articles against me, of which not one was true. Looking towards tliat
criminal indictment without the least apprehension, and with an entirely
good conscience, I wrote to the Governors of Virginia and Carolina, and
made them exactly knowing of all what happened. Far from blaming
me, they approved the course T had taken, as well as all other persons of
good sense.

Plot of the man called Brice, vnth his gone/ of prowlers against me. — i)/s-
closed by a small Palatine hoy. — Brice and Jm armed adherents come to
fall unexpectedly tqwn .me, but find me in good prrepmration for defence.
As that traitor, the blacksmith, known as a criminal by me and my
colony, owed much to me, I had an inventory drawn up of what few
things he had, and had these safely put in hands of a third person ; the
aforesaid Brice, who would have liked much to have his tools, especially
the ones which could be used to repair guns, (for the rascal was pretty
smart, and knew some more than only shoeing horses and making rough
work), tried to get possession of these tools by an artful trick, and if he
could not in this way, then by force. In the meanwhile Brice would
have been glad to take me by surprise and to arrest me, in order to
bring me as a criminal, charged with high treason, to Gov"' Hyde. In
order to execute such a cowardly, black, and seditious plan, Brice con-
certed with his light-headed gang, how they would undertake their wicked
design, and the conclusion was that if I would not surrender the tools,
under tlieir pretence that they were needed for the defence and service of
the Province, they would get violently possession of them, and that, as
probably I should turn fierce about it, then they would arrest me as a
prisoner to bring me to the Governor.

Most luckily, a little Palatine boy was in the room when they laid that
black plot against me; they paid no attention to him, believing that he
did not understand English. But he, having overheard all about their
pernicious scheme, made his best to slip out of the room without them
minding him, and told everything to his mother ; she at once crossed the
river in a boat, and warned me about what had been plotted against me.
I immediately ordered the drums to beat to arms, the gates to be shut,
and my men to take defensive positions.

944 COLONIAL RECORDS.

I had scarcely posted tlieni when Brice apjieared with 30 or 40 armed
adherents, among which that rascally blacksmith aforesaid, and about 15
or 20 palatine deserters. Knowing not that their scheme was found out,
they thought to take me easily by surprise, and pretended to enter my
small fort without difficulty, but they found the gates shut. Not expect-
ing to meet with such reception, they asked the sentries what that meant
and why the gates were shut? It was answered, that those precautions
were taken against Indians and Christian savages. They then inquired
if we took them to be enemies. They were answered that theirs was no
manner to visit friends, and that we had good reasons to be on our guard,
especially as we saw rascally traitors and deserters among them, as we
effectually did see, right before us, — l)ut that, if their Captain Brice, with
one of the least suspicious, desire to come in, that I should be told about
it, and that I would undoubtedly allow them to come in and sjieak out
what they wanted. When I was informed of it, I ordered them to be
introduced under good escort, and the gate to be shut on their heels. As
that Capt" Brice desired to kno\v why I treated him as a stranger and
enemy, I answered that I had reasons enough for that, — that his criminal
and reckless design was only too much known to me, but that I should,
in due time and place, complain and rc(|uire justice about these so rash,
seditious, and unjust proceedings, such as his and his riotous prowlers.

I asked moreover if this was his way to deal with his superiors? I
said that it would be my own capacity and attril)ution, as Deputy of the
Duke of Beaufort, Lieutenant Governor, Landgrave of Carolina and
Coinander of this District, to arrest him as my prisoner, and to send
him, bound, to the Governor, as a turbulent, restless, seditious and fool-
hardy man, — in order that he be punished according to his merits and
as an example to other rioters. That would, indeed, have been done, if
I had had sufficient witnesses against him ; accordingly, I contented my-
self by sending them home with a good censure and summoned them to
appear liefore the next Parliament.

If I felt disposed to mention here all the troubles which that Capt"
Brice gave me, and the insolent things he said & did, against me and
wdiat remained of my colony, — as well himself as his adherents and Pal-
atine deserters, — it would take a whole volume ; I shall only say a few
words about it.

Brice and his adherents reject the suspension of arms, or truce.

It must be noticed here that the contract made with the Indians, of
which a copy has been given at the end of my relation or letter, written

COLONIAL RECORDS. OV)

to Gov' Hyde, — had been consented by nie, a prisoner, in order to save
my life, — so that I should not have been bound to hold and fulfil it, had
I not been willing to do so, since I was, at the time, constrained and in
danger of life. However, being not of the opinion quod heretieis non
hcibenda fides, I had resolved to abide by it, within the dictates of my
conscience, in all that was not contrary to the duties by which I was
bound to the English Crown. I had managed things in such way, that,
if they had let me do what I thought good, great benefit would have
resulted for the Province, and many evils and murders could have been
avoided. But that Brice, with his enraged crowd, was so much incensed
against those Indians, that, without heeding the voice of reason, with-
out considering how little their own number was, how scanty their
victuals and ammunition, — without thinking of so many poor prisoners
detained by the Indians or Savages, — without taking any measure what-
ever,— but blindly, brutally and in a fit of enraged passion, they rejected
the suspension of arms, or truce, which I was to propose, and had had
much trouble in obtaining, — and dealt at once with the utmost hostility
and cruelty against the Indians. True, one had reasons enough to be
alarmed and indignant about their invasion and the murders they had
.committed, but however just be one's cause, prudence and caution are
always required.

Importance of that truce and neutrality.

If I had had my own way: (1) by the proposed truce, time would
have been gained, and the whole Province, as well as we, could have
made sufficient preparations for offensive and defensive action, and been
provided with enough victuals, arms, ammunition, and men. (2) I was
already at work to save and get back these poor women & children
prisoners, and that was indeed the reason that had prevented me as yet
to deliver up my ransom : I wanted first to draw these poor people out
of the claws of those Savages, — what was granted, with much trouble
and danger, in the first interview with the Indians.

N. B. The importance of that fact can be seen in the relation of the
Indian war — (vide supra). There may be seen how cautiously the Sav-
ages had to be handled on account of these poor prisoners ; if these poor
people had first been recovered, as I had proposed and as it had been admit-
ted by both parties, then, one could have dealt with the Indians more
fearlessly and successfully, and perhaps stop that cruel war at its very
beginning.

n5

946 COLONIAL RECORDS.

(3) When I was engaged in the most Important part of my negotiation
concerning these poor people still detained by the Indians, and as I had
already gained time, by means of my uentrality and truce, in order to
recover what the Savages had taken and robbed from Carolinian Planters,
as well as from Palatines & Swiss, and to try to get back as much big &
small cattle as possible, — there comes Brice and his gang, more foolish
and cruel than the Savages, and, by an inconsiderate attack, which very
poorly succeeded, spoils my game to such degree that my whole negotia-
tion becomes fruitless ! The black treachery of the blacksmith, and this
inconsiderate attack, destroyed all confidence of the Indians towards me,
and after that they made acts of hostility also against my colony, whereas-,
up to that time it had been spared (I say : after the agreement made) ;
but after that premature and pi'eposterous deed of the Carolinians, the
Savages began again to destroy whatever they c(^uld, and the houses of
my colonists, however they were excepted and marked with the sign N.,
(which meant News) were burnt, — the movables, tools and other hidden
things, dug up and carried away or spoiled, and the cattle killed. And
afterwards the plantations or dwellings on News, Trent, and Pamptego
Rivers, etc., were entirely destroyed, everything was plundered, robbed,
burnt, and the people killed.

The Christians more cruel than the Heathen, road an Indian Kiiig alive.

What moved the Savages to deal the more cruelly with Christians, was
the cruel and more than barbarous proceeding t)f Brice. He got hold of
a few Indians of Bay River, and their chief or King was, most barba-
rously dealt with ; he was nearly roasted alive near a fire, so much so
that he died. This more than barbarous deed incensed the Indians
against the Christians to such degree, that it is not astonishing if they,
after that, pr(jceeded also with more cruelty. What angered me not a
little, was that one of my Palatine deserters, T. INI., had a hand in such
an atrocious action, and even declared to find pleasure in it; it was the
same who caused the desertion of half my Palatine colonists.

There were, among Brice's gang, daring fellows and men of courage,
but unprincipled and brutal. If a part of the Planters or residents of
other places in Carolina had behaved better and been less co\vardly, the
Indians could have been mastered sooner, and less evil would have hap-
pened.

COLONIAL RECORDS. 947

Justification of my line of comhwi before the Genercd Assembly, com-
plaint about those secret investigations and slanders, directed agetinst me.
My dependents themselves!

As it was very inijiortant to me to justify the course I had taken in
an aflFair of such nature, where a whole Province was in danger to be
ruined and destroyed, — in order not to be cliarged with it, and that I
coukl publicly expose the enormity of Brice's and his turbulent gang's
jjroceedings, — when the General Assembly was convocated, I did not fail
to attend it. First I appeared before the higher house, consisting of the
Governor, the representatives of the Lords Proprietors, the Councillors,

and ,* or provincial nobility; after I had lodged raV complaint

and justified my line of conduct, I went to the lower house, consisting of
the Delegates of Commons. After a short speech on the subject men-
tioned, I asked who was the slanderer who had secretly informed against
me without any official capacity ; I asked for his name, and for the pro-
duction, either in the original or in a copy, of the 20 or 23 articles drawn
up against me; I insisted that my accusator should be brought forth in
my presence, that I might convict him of falsehood, justify myself and
be discharged in due form, — but nobody dared to come forward, or even
open his mouth about these accusations. Undoubtedly these false accusers
and slanderers had some inkling, or somehow heard how fully I had jus-
tified myself to the Governors of Virginia and Carolina, at the start, and
seeing that the course I had taken met with their high ajjprobation, they
dared not pursue their accusations, for fear of having the worst of it.
Among all these circumstances, however, my honor and reputation had
much to sutFer, and my life was even in danger ; among the very Pala-
tines had been found false witnesses ; what had I to do in such a wretched
state of things? Seeing that nobody would speak, I began to name my
accusators myself, fulminating against them and demanding justice, but,
alas ! — in such a confused Government, where the first fire of sedition was
not entirely extinguished, a good part of the members of that Parlia-
ment still kept some secret spite, and were good friends with that Brice,
who was also a member, and would have been very glad that I should
receive some atfront, as I had, in their view, sided too much with the
Governor ; besides they were much perplexed about that Indian war, and
I could have no other satisfaction than to see my discourse and defence

*The French copy of the MS. has here the word caciques which is spelled the same in
English, and seemed too much startling to the translator to be written here without a
protest.

948 COLONIAL RECORDS.

received in deep silence. Trne, the Governor and High House apolo-
gized to nie and eoiiipliniented me, and jnit me off to demand justice, in
tlie form used in time of peace, against these slanderers. Think, ray
dear reader, how long I should have had to wait to find due satisfaction,
since at the present hour (A'"' 1716) the Indian War is not yet finished !
I had sent many letters and memorials to the Gov"' on this matter, with
ample deductions and historical particulars about all what had come to
pass in this sorry plight. Any one would jjity me, who would know all
the cross-accidents which befell me.

More motives and causes of the Indian War.

Since at page [44 of MS.], I mentioned but a few motives or causes of
that Indian war, I will add that the negligence and carelessness of the Caro-
linians were not little conducive to it; — they trusted the savages too much,
did not build even the poorest fort, for safety's sake, in the Province, in
order to withdraw thither in case of need; — they did not prescribe the
least dispositions to be taken in case of sudden irruption — nor had they
stored up the necessary war-provisions and victuals. Far from keeping
good accumulations of grain and other eatables, they sold, in the very
midst of dangers and troubles, whole shiploads of wheat, meat, beans,
etc. — for things much less necessary to life, as sugar, molasses, brandy or
(" brandevin ") etc., — in short, every thing was disorderly and in the worst
state of preparation. Instead of assembling one or two small bodies of
troops to operate against the savages, and drive them out of the frontier,
and from their dwellings or Plantations, every one pretended to keep
and defend his own house, — and, of course, the savages had a good
opportunity to destroy one plantation after the other; indeed, if the good
God had not taken better care of them, than they did themselves, the
whole Province would have gone to ruin.

My plan was, in case the savages would not stand by the agreement
made, and it would have been impossible to induce them to some good
adjustment, to mislead them with my truce, as has already been said [y.
pages 96, 97, 98 of MS.], so as to gain time to gather men in sufficient num-
ber, & necessary stores as well in ammunitions as in victuals, in order, not
only to be on a good foot of defence, but even to drive them away from
the territory, far more, to render them powerless for harm in the future,
so as to have nothing more to fear from them. But it was useless to try
to bring those Carolinians to their senses. Those who were less cow-
ardly than the others, went to work in such heedless and thoughtless
way, and fell upon the savages with a mere handful of people, — so that

COLONIAL RECORDS. 949

the savages, in far greater uuniber, good shots, and well provided with
everything, drove away that poor set of Carolinians, like a gang of
wolves does a herd of sheep, and withont the help of the Swiss & Pala-
tine eolony, they would have been crushed and entirely defeated, as may
be seen in the last pages of my Relation — (f. supra).

■ N. B. In that relation, consisting in a letter written to Gov" Hyde, I
did not mention and could not yet know how this little body of troops
consisted only of about 150 men, who were stationed at Bath Town, a
small village near Pamptego River. These men had sent word to ours,
that at the first signal given, they would come to their help, — and ours
likewise at their signal, — but these cowards had never the heart of cross-
ing the River, and left their poor neighbors in the trouble and dangei',
and after having eaten the bread and meat of the poor residents of that
District of Bath County, returned home.

How I fortified and intrenched myself at Newbern, how I supported
my whole garrison or colony, with women and children, at my own ex-,
pense, during 22 weeks, how at last, destitute of victuals, ammunition,
without help, I have been obliged to leave my post in order to go where
the Government was, — all that may partly be found in the letter written
by me to Gov'' Hyde.

However, the least I can do Is to relate also something about that trip
I took to the County of Albemarle where the Governor and his Council
resided.

After having thoroughly considered the wretched condition of the
Province, of myself, and of my colony, — the absence of any assistance from
the Province, — the impossibility of supporting us at length in that way,
— (being even reduced to the last extremity,) — the manner in whicdi all
the colony had been desti'oyed and ruined by the invasion of the Savages,
in which circumstance 70 persons were miserably murdered or carried
away prisoners, as stated above, their houses, movables, and tools burnt
and stolen, the greatest part of the lai'ge cattle killed, — the remainder be-
ing consumed for our subsistence; — the delay and refusal of any help
from our country, its distance, — the little hope there was of ever recruiting
from such considerable loss, and of founding again a convenient settle-
ment,— again, the poor Government and the unhappy situation of the
Province and of its inhabitants, — after considering, I said, all that and
other good reasons, — I saw myself compelled to think more about my
intei'csts, and to take other measures. I opened my mind to several persons
of distinction, my protectors and friends from Virginia and Maryland,
— and they unanimously advised me to take other measures, and made me

950 COLONIAL RECORDS.

very obliging oifers, inviting me to come and settle with ray whole colony,
— what I highly appreciated. — Seeing my colony broken up, inasmuch
as half the Palatines liad left me, I took the resolution to change (piar-
ters with the remainder of the faithful Palatines and the small band of
Swiss. I thei'efore had my little sloop mended (a kind of brigantine),
for this voyage, and packed up part of my clotiies, intending, if I could
not obtain better assistance from Gov' Hyde and from the Parliament or
General Assemljly, to proceed further to Virginia and Maryland.

Other measure.^ taken, in our distress and tvant of any resources, — inas-
much as not one bushel of wheat remained to us, from our provisions, —
and I had entertained them, for 22 nieeks, vnthout any ticlp from the
Government or Province. — My voyage to Court, — and further on to Vir-
ginia. A phenomenon on the mast of our ship, which foretold a great
storm, which really happened.

After I had called together my poor colonists and spoken to them of
the necessity of changing our plans and quarters, if the Province would
not assist us better tliau it had done in the past, that poor people, who
only knew too well, and by their sad experience, in what distress we were,
— readily assented to my proposals. — T however comforted them the best
I could, and asked them to have a little patience and hold out some little
longer, telling them I should travel with all possible haste, and make all
the efforts which might be conceived, in oi'der to get them some help in
victuals, as well as in men and necessary ammunition. I therefore
went on my voyage and started by a fine weather and a most favorable
wind. But, alas ! it did not last long, and that voyage was not very
happy; for already in tlae evening, when we were nearly at the out-
let of the River, and -at the point of entering the sound, something re-
markable happened. After sunset, at the top of the mast, suddenly ap-
peared a little fire, about the size of a big caudle's flame, which made
about the same noise as an ascending rocket; it lasted for about one good
quarter of an hour, and we were looking on with great attention and sur-
prise. We asked the patron of the vessel what it meant ; he answered
that it did not mean anything good, and that, before night, we should
have a great and dangerous storm, that, acct)rdingly we ought to sail to-
wards land, in order to find some shelter, — but, not paying attention to
his warnings, I told him, with a smile, to go on. He had hardly gone
for a league, when suddenly the wind changed and became so violent,
that, night being near, we were glad to see some land in view, in order
to draw nearer and cast anchor. We had hardly been able to land, when

COLONIAL RECORDS. 4 951

such a terrible storm arose, that if we had remained on the Sound, we
should certainly have been lost on the sand banks which are found in it.

The danger of perkhing on a sand bank.

We remainetl over night at the home of an English planter, who lived
thei'eabouts, received us very well, and had for us all kind of attentions.
He was a "Shaker" — though an honest man, — and at my first arrival in
the country had been of great help to me, supplying me with victuals
and cattle at a reasonable price. On the next day, after having thanked
our benefactor, we started again, the wind having fallen, but, in the
evening, as we were in the midst of the Sound, which is a little sea be-
tween the land and the downs of the Ocean, we struck a sand bank and
the ship made such a crash, that we believed she had split in two, and
were greatly frightened ; however, she did not go under, we accordingly
took courage and made great eifoi'ts to get away from that bank, but our
greatest fear was that when at last we should get ofF, then we should feel
the effects of that bad collision, and that, the ship being free, the crack
would gape asunder, and we should certainly go under; but, by a special
grace of the Allmighty, there was no such accident, and \vhen the tide
came in, and the wind was somewhat more favorable, we crowded all sail,
got loose with some trouble, and thanked our good God to have delivered
us from such great danger.

A contrary wind, keeps us jor several days on o bank among reeds. — We
strike against a rock, coivsisting in oyster shells. — Arrival at Governor
Hyde^s, where I stay six tveeJcs. — / get a sloop or vessel ready, fidl of
provisions, for my colonists.

On the third day, we again had a violent and contrary wind, and were
obliged to cast anchor on a reed-covered bank, where we remained in
safety for several days; at last, by a 4 of wind we crossed a cliannel
through those reeds, and were again unlucky enough, to strike a rock or
big oyster-bed, where we had half a day's iiard work to get away, and
were obliged to await high tide to get rid of that place. We went on
with a favorable wind, and came at last to the appointed place ; it was
liigh time for it, we ha(Vnothing more aboard to eat or to drink, as we
had thought to accomplish our voyage in twice 24 hours, and it took us
10 days. This was the consequence, foretold by the jjatron of the ship,
of that sign which we noticed on the top of the mast.

Having been obliged to stay more than 6 weeks about Gov'' Hyde, as
well to attend Council and to ap23ly myself to the jjuljlic business of the
Province, as to get together the necessary eatables and \var ammunition

952 COLONIAL RECORDS.

for my nearly ruined oolony, T could at last, not without niucli trouble,
.send back my sloop or brigantine loaded with wheat, powder, lead, to-
bacco, and some brandy to Newbern.

A great mishap : the fire catches the tobacco leaves.— The ship put in a.

blaze by the poivder-keg.

But alas ! what a misfortune happened ! My poor people were waiting
in vain for the promised help: when the sloop had nearly crossed the
Sound and got to the t)utlet of News' River,— the 3 sailors, thinking
themselves out of danger, drank too much rum or brandy, and fell asleep,
without extinguishing the fire on the hearth. Sparks from the still burn-
ing wood flew among the tobacco-leaves which were not far from there,
they took fire, and the smoke woke up the sleepers. They were much
surprised and frightened, .so much so that, for fear the powder-barrel
would bur.st, — without taking any pains to put out the fire, though they
had plenty of water .so near at hand, they only thought of their own
safety, went into the small Ijoat, and left the ship. Indeed, before they
reached the shore, the fire caught the keg of powder, which instantly did
burst and blow up the whole ship in a blaze. •

Main Gross-accident. — Gth mishap.

I leave it to think to the reader what very sad ne\vs these wer(! for my
poor people of Newbern, who, nearly at the point of dying out of mei'e
starvation, sighed with "gaping mouths" for that long desired help, and
what a heart-sore for me to see my poor dependents deprived of that
assistance. I well understood, however, that even that small help would
not be sufficient, and would just give them some little respite, and I made
all efforts to load my heavier brigantine with the same kind of goods as
the other, but I was so much delayed and things went on so very slowly
that I became quite down-hearted, and well foresaw that such tergiversa-
tions, in such circumstances, would bring us to a wretched state of affairs,
and that it would be a mere impo.ssibility to subsist in that way, in the
long run. — I therefore dispo.sed affairs in such a way that my colonists
could use those same provisions which I got together for them, to come on
that .same ship " with M. M." to Virginia, but, as stated above, the whole
business was dragged on to such length of time, that I began to grow
tired to stay at the Government's seat, — where every thing was going on
so badly that it was a real pity !

Before, however, I come to relate my voyage to Virginia, it will be well
to mention what we made, in the long time we spent at the government's
seat, for the Province's good and safety.

f'OLONIAIi RE(X)RI)S. 95^

Rcmnnat ranccf< for- the Province's safety.

After I had, therefore, remonstrated to Gov'' Hyde & tlie Council that
we had to take better measures than in the past and to introduce a better
order in public affairs, — that, if we did not, we should very likely perish,
all of us, by the hand of the Savages, we began to examine and consider
things somewhat nearer, so as to meet the most pressing emergencies, —
but I must say I was astonished to find so many ignorants and cowards.

(1) Above all, a sufficient quantity of victuals had to be stored up ; if
not, it is and was impossible 'to make war, especially against saVages.
However, those Carolinians have been so light-headed, that, far from
accumulating the necessary provisions, they have sold gi-ain and salt-meat
outside of the Province; Therefore urged instantly the Governor to pub-
lish a severe interdiction, in order that nobody should, under heavy fines
and pains, export or sell any eataliles whatever outside of the province.

(2) That we should get exact information as to this question whether
the Province could produce grain in sufficient quantity for such a long
war ? We found, indeed, that this was not the case, by far, so that it
was necessary to get some from the neighboring provinces.

(3) Since neither the Province in general, nor the people themselves
were sufficiently provided with powder, lead, and arms, some were to be
ordered froiii elsewhere"; but they did not know where to find the money
for that purpose, and the Carolinians were so poorly considered, that
they would have found none on credit. I accordingly was compelled to
see if the Governor of Virginia woukl not give us a lift.

(4) Sujjposing that we should have met all the exigencies above stated,
what was to be done with so few people ? We could hardly gather 300
arms-bearing men in the whole province, and part of them was neither
well clothed nor well armed, had no ammunition, and felt not at all in-
clined to go to battle. Thereujjon, I was commissioned to speak to the
Gov' of Virginia, and to prevail on him, in order that he would be so
kind as to give us men and sufficient provisions, — what he really offered
to do in the name of the Queen of Great Britain, provided a settled salary
would be paid to the soldiers and the eatables and war provisions re-
turned. This did not please the Carolinians; they objected they were
not able to return such sums of money, — that the Governor ought to do
it at her Majesty's expense, what was found ridiculous : " why should,
indeed, the Queen contribute to such an extent for a Province from
which she drew no income?" The Lt)rds Proprietors draw it, and they
should also pay the expense and charges. This was the cause that some

116

954 COLONIAL RECORDS.

persons went to the Gov' of Virginia, to feel their way with liini, il' lie
wonld perhaps take under his protection the Province of Carolina, what
he refused by good considerations.

(5) It was also proposed that some place in the Province should Ije
fortified, as well to be able to retire there in case of need, as to keep
there in safety, but nothing was done.

What was to be done in such a wretched state of affairs? During all
these tergiversations, the savages became fierce, on account of such pocjr
resistance, broke forth, attacked and pillagi^d one Plantation after another.

Last resource: a delegation for help, to South Carolina.

The last resource was to send at once delegates to South Carolina to
ask for help, which was obtained, and without which the whole Province
^vould have been lost.

Col. Barnwell comes with 800 tributary Indians & 50 Enrjlishvien. — Co/.

Barmvell's attack upon Cor-village. — The King of Cor and his force

are beaten.

The Goveriunent of South Carolina sent 800 tributary savages, with
50 Carolinian Englishmen, under the command of CoP Barnwell, — all
provided with arms, powder and lead. The seat of that Indian war was
near ray quarters of Newliern. As this body of troops had arrived, the
war broke out in due form, and those tributary savages, at the start,
pounced with such fury upon part of the Tuscornro nation, that they
were appalled, and the savages of North Carolina were obliged to in-
trench themselves in a fort which they built. Thereupon the relief-
troops from South Carolina, after having received orders at Newbern,
marched against a great Indian Village, called Core, about thirty miles
distant from Newbern, drove out the King and his forces, and carried
the day with such fury, that, after they had killed a great many, in order
to stimulate themselves still more, they cooked the flesh of an Indian
" in good condition " and ate it. As this help came from S. Carolina,
we levied 200 Englishmen from N. Carolina under the comand of Cap.
Boyd with a few friendly Indians, — and 50 men from my colony, com-
manded by ^P Michel.

The Indians, posted near the village of Catechna, fortify and entrench
themselves. — The besieged Indians hold their ground, and the Carolin-
ians are compelled to raise the siege.
This expedition, a body of troops consisting partly of Christians and

partly of savages, went into the wt)ods, and took position before a great

COLONIAL RECORDS. 955

village, (allod Cateclma, where I had been a prisoner before (as stated
above); in tliat village liad retired and were posted onr savage enemies,
a medley of Indians from the Weetock, Bay, News, Cor, Pamptego riv-
ers, and a part of the Tuscoruro-Nation. They were so well intrenched
and fortified that, on our first attack, we could not get the best of them,
but the main cause was that the orders had not been well obeyed. The
attack was to take place on several sides at once, but Cap. Brice, with his
gang of tramps, were too hasty, and began before the time appointed,
and when the others were not yet ready, — and, on their account, the
whole aifair was carried on in a disoixlerly manner; several of our peo-
ple were wounded, a few killed in that way, without doing any harm
whatever to the besieged, — and our men were compelled to retire.

My proposal to use a few big guns at the second attack. — The above stated
cannons work splendidly. — The besieged Indians beg for a truce: it is
granted under condition of the liberation of the christian pri.'ioners.
When these sad news were brought to the Council, — as we then ^vere
assembled, — we set oiu* wits to work, in order to find some means of
holding our own better against our enemies. My eyes accidentally fell
upon some 6 or 8 cast-iron-guns which were laying in the yard, removed
from their carriage, rusty, and full with sand, and proposed to repair
two of the smaller ones, the best one could ; and to send them to our
people, in order to use them on the second attack to be made, but my
proposal was at first considered as ridiculous. They objected to me that
it was impossible to carry them across the swamps, the ditches and woods.
I answered readily, as I well remembered what an officer dependent of
the bailiwick Yverdon, Capt" Taccard from Saint-Croix, had related to
me, of the stratagem he used at the siege of an iuaportant fortress in
Flanders, (and which indeed made his fortune). I proposed that every
cannon would be brought on some kind of shafts, with one horse in front,
and another behind, what was done; the other necessaries were supplied,
and it all did splendidly succeed. Indeed, the first approaches being
duly made, two balls had hardly been shot into the fort, with a few gren-
ades, when the Indians, who knew nothing of such inventions and who
never had heard such loud reports, were so much frightened, that they
begged for a truce; a council of war was held, and it was concluded that
it should be granted, with the purpose of an advantageous peace. What
induced our staif to that was the presence of the poor christian prison-
ers, who were confined already since the first slaughter; they called out
from the Fort that if we should take it l)y storm and take no heed of

956 COLONIAL RECORDS.

the enemy's proposal, tliey would all miserably perish. Accordingly, a
capitulation was made, under condition that the poor prisoners would be
immediately set free, what was done at once.

Our troops return to Newbern. — Col. Barmoell discontented. — His treach-
erous stratagem: breach of truce.

Thereafter, our troops returned to Newbern to refresh themselves
somewhat, for they were b^dly provided with victuals. As the Province
had not fulfilled the expectations of Col. Barnwell, who had hoped for
greater honors and gifts from the Carolinians, — as even his men had not
received the necessary provisions, and were dissatisfied as he himself was,
he thought of some device to return home with his forces in a profita-
ble way : under pretence of a good peace, he lured a great part of the
enemies to the surroundings of Cor-village, where he took them all pris-
oners. This suited the tributary Savages very well, because they got so
much a head in goods, — and they returned joyfully to South Carolina
with their savage prisoners, but that Col. Barnwell blotted out, by such
a black deed, all the praiseworthy things he had done before.

The Tuscaruros, much incensed at that breach of truce, fortify themselves

better and make great ravages.

This breach of truce and most detestable deed of a Christian did not
fail to greatly incense the other Tuscaruros and Carolinian Indians, and
justly too, since they evidently could have no more confidence to the
Christians. They accordingly fortified themselves still better, and made
terrible raids along both rivers. News and Pamptego, and the last troubles
were worse than the first.

Complaints to the Government of S. C. against Barnwell. Solicitations

for some new help ; granted, under Capt. Moore.

This compelled us to bring a serious complaint against that Col. B.
and to solicit new help from South Carolina, which we obtained, though
not so strong as the first, under command of Cap' Moore, who behaved
better than the first.

New attack against the Indians and the same fort as before. It is taken
by storm. 200 Indians burnt. 900 in all, men, loomen, & children,
made prisoners or killed.

After calling together as many men as possible, they began anew the
attack of the Indian Fort near Cateehna, the other name of which is
Hcncock's Village. This siege was more successful than the first, and

COLONIAL EECORDS. 957

achieved in little time. Tiiere was in one corner of that fort a sort of
a redoubt whicli our men (Hjntrived skillfully to set on fire, and 200
savages were burnt. In the fort, many were killed, and they defended
themselves very well, even when their women and children were taken
prisoners, and onr men went for the provisions which they had hidden
underground. There were wounded savages, crawling on earth, who tried
to hurt the victors.

In that action, it was estimated, that there were about 900 Icilled, as
well as prisoners, men, women, and children. Of our men and the In-
dian tributaries, many were wounded and several killed. — After that, we
had a little rest, though some of them, who were scattered alK)ut, would
now and then assail a few plantations.

Fird steps toioards ■peace. — Peace concluded.

The question was, how to jirotect us, for the future, against the remain-
ing savages and their neighbors. We called the neighboring Kings to-
gether. (N. B. — These petty kings are properly only tlie chiefs over a
certain number of Indians ; however, the title is hereditary and goes over
to their posterity). Six or seven of those kinglings complied with the
summons, and after several successive conferences, we made a peace such
as we desired, — so that there is nothing more to feai*, — the Indians located
in Virginia, tributaries of this last Province, are answerable for that
peace, and the remaining Carolinian Indians have presently become tribu-
taries of the Province of North Carolina, or rather of the Lords Pro-
prietors.

Situation of my poor colonists. — Some relaxation granted to the colonists.
In the meanwhile, notwithstanding that peace, our poor colonists were
not in the best plight, but scattered here and there among the English &
Carolinian Planters; some returned to Newbern where they could farm
some little. Besides, I had allowed all to leave their Plantations for a
couple of years and to go out to service at the wealthiest Planters', in
order to spare some little means besides their living, and afterwards to go
back to their Plantations, discharging them, for those two years, of their
standing rents. To M' M. and the Bernese I let know that, according
to what had been agreed upon, I went to Virginia and was going to take
the necessary steps to secure there some safer establishment, — it being im-
possible to me to reestablish with my own strength and means a Colony
in such a wrecked State, — the more so that there was very little pros]>ect
and hope of any more assistance from my home.

958 COLONIAL RECORDS.

Arrival in Virginia, at the Governor's.

I accordingly took leave of the Governor & Council of Carolina, and
went to the Gov' of Virginia, Avho received me very favorably, and who,
at my request, granted me the escort of a well-equipped man-of-war, on
account of the privateers, which was indeed a great favor to a private
individual. Thereafter I sent word to M"" M. who was to take the lead
of my peoj)le, and which was present at a conference on the boundary of
Virginia & Carolina, where the Lords Governors Hyde & Spotswood
conferred together. The day was, accoi-dingly, appointed, and the place
Avhere the man-of-war had to be passed was Coratuck Island (North Caro-
lina); with the conviction that all that would succeed perfectly, I went
on my way further into Virginia, along the big river Potomack, and to
Maryland, in order to secure quarters and the necessary provisions in
victuals and cattle.

Arrival in Maryland and at the Potomack falls.

The place where we were to meet was at a very gentlemanlike man's,
"M" Rosier," near the Potomack-falls, where a few gentlemen from
Pennsylvania, who had some interests common with us, had come to
meet me, in hopes of seeing at last liow things stood about this l)eautiful
and rich silver-mine, Ibout which lAP M. Jiad talked so much and foi' the
search of wiiich they had already supplied so much monev.

3Iy trip above the Potomack falls. — Arrival at Canavest. — An alliance

with the Canavest Indians.

We remained at that place for some time, without hearing from M' M.
nor from that small colony which we awaited impatiently from one day
to the other, — the queer behaviour of that fellow made us nearly doubt,
and not without reason, the reality of his assertions. We therefore re-
solved to go ourselves and visit the site of the mines, of which he had
given us a map ; we accordingly took due jireparations for that trip,
though a dangerous one, — and, as I had planned it some time ago, and
before having any clue to that meeting, I took every precaution, and gave
advice of my intentions to the Governor of Virginia, who gave me let-
ters-patent, and even issued injunctions to the guardsmen on the boun-
dary ("frontier-guardsmen,") to follow and escort meat my first research
and at any request of mine. When we came to Canaroest, an enchant-
ing place, about 40 miles above the falls, we found settled there, a crowd
of savages, and especially a Frenchman from Canada, called Martin, a
carter, who had married an Indian or Savage woman, and was highly

r^OLONIAL RECORDS. 959

considered aim)ng the savages of Pennsylvania & Maryland. Indnoed
by the splendid "advances"* of M' M., he had settled there, having left
Pennsylvania. This same carter Martin had also made the voyage to S.
for the search of the Mines, with that M'' M. and spent a heavy sum of
money for it. That man warned us that the Indians which were in the
vicinity of that S. motnitain, where the mines were supposed to be, were
much alarmed on account of the war whicii we had with the Tiiscoruros,
and that we ought not to risk so dangerous a trip without necessity. We
took his words into consideration and post})oned that trip to a more favor-
able time and occasion. We, however, made an alliance with the Cana-
vestf Indians, wliich was most necessary, as well on account of the mines
which we hopeil to find thereabouts, as for the settlement, which we had
resolved to make in that region, of our little Bernese colony, which we
expected. After that, we visited those beautiful sites, those enchanted
islands on the River Potomack above the falls.

We ascend Su(/arl,oaf mountain, uihere we find a very exte^mve vietv. —

Return to the Potomack falls.

From there, on our way back, we went on one high mountain only,
called, on account of its form, Svgarloaf mountain.| We took \vith us
a surveyor, the carter Martin above mentioned and a few Indians. From
that mountain we saw a great expanse of land, pai't of Virginia, Mary-
land, Pennsylvania & Carolina. Using the compass, we made a map,
and specially noticed the S. mountain, where the silver mines were to be.
We found that that mountain was situated in Virginia, and not in Penn-
sylvania, as according to the map given us; two of these Indians hap-
pened to know that mountain's situation, and told us that they had
roamed thereabouts and had been in nearly all the nooks of that moun-
tain, but had found no minerals, and that the map given to us was not
correct, what greatly surprised us. We discovered, from that summit,
three mountain-ranges, one higher than the other, and beautiful valleys.
After we had gone down from the mountain, we spent the night at that
man, Martin's, the carter's, and, the day after, we went back to M' Rosier
and stayed with him, below the falls of that great river Potomack, where
I remained some time, waiting for my people. The remnant of the com-

*Proniises, — I suppose. (Translator.)

fSpelled sometimes Canawest, sometimes Canauest, by De Graft'enried. (Translator.)
JDe Graffenrd spells it Sugar love (!) but there is no doubt as to his real intention, as
he gives the French meaning of sugarloaf (pain de sucre). The Germans are prone to
change v into f, and reciprocally. Hence his error. (Translator.)

960 COLONIAL RECORDS.

pany took their way to Pensylvauia, disgusted at M.'s tergiversations
and queer behaviour.

Afeiv feaso)is to i<how how eaxi/ if wa-'< to be duped by M. Many, more

clever than I claim to be, havinc/ fallen into the snare.

It is to be noticed here, that M' M., whom I do not name here,* out
of regard for liis family and relations at Bern, (who are distinguished
people), has fooled many people by his tales about these rich silver mines,
— and if I was duped myself, it is no wonder, being a stranger in these
countries. My motives were the following: (1) I thought a man of his
family was wholly incapable of such a trick, especially towards a fellow-
countryman ; (2) the ore which he had exhibited had been tested and
found rich ; (3) So many people from Pennsylvania & other neighbouring
provinces had openly made the trip, with permission of the competent
Governors, for the discovery of these mines, there really appeared to be
some facts at the foundation of the whole matter; (4) Among others, a
merchant from Pensylvania was interested in it, a very able man, — a
skillful goldsmith, and other persons who were sujiposed to know the
region well. Seeing that these clever people, raised from childhood in
these countries, some even Ijorn there, risked important sums in that l)us-
iness, I conld not imagine that they had not taken every kind of pre-
cautions and sureties. About this humbug, an elaborate history could
be written, and funny enough would it be, but I go on with my narra-
tive.

As to me, I should console myself of my loss in this matter, however
imjiortant, for my whole enterjirise was based on that su2)posed founda-
tion,— but I pity the poor miners, who left what certainly they had in
Germany, for uncertainty in America. They had a good handicraft, and
now they have nothing but what they can get from some cleared land,
where they have to live in the scantiest way.

This be said, on the way, to show that I was not alone to be caught.
What is more surprising, is the fact that M'' M. had made a contract in
due form with the miners, and made a voyage to Holland in order to
meet the head-miner, who had to get together all necessary tools and
things for this enterprise, at an expense of nearly 1000 Lb. Strlg.

In short, all circumstances seemed to be real & solid. M' Penn,|
Proprietor of Pennsylvania, was thoroughly acquainted with all these

*The man is evidently Mr. Michel, named at page 120 of MS., as will be tested by
comparing my annotation (page 115 of MS.), the statements of page 115 and those of
pages 126 & 127 of MS., (Michel being the leader of the colonists). (Translator).

t De GralTenreid spells Penn: "Penne" (French e mute). (Translator).

COLONIAL Rl^X'OJIDS. '.t(il

facts, and favdi'od us greatly; he even appointed RP M. as Director-Gen-
eral 1)1" all initierals in his Province, and ihiii;/.s iroit (iccordUu/ly, gn far
a>i a very iitqtortant contrad* ^^'^ho could, amidst sut-h proceedings and
among such circumstances, doubt the reality of facts?

Fine aifaation of the lamU above and heloir the /(dfx of Potoviaek River,

where we aimed to establish a co/ony.

I believe there are hardly any finer and better situated sites, in the
whole world, than that of the Potomack and Canawest, a region which
we thought of dividing between two small colonies. The first was to be
just below the Falls, where are found a very pretty island, very good
lands, and, on the opposite side, a place, between the great river Poto-
mack, and another small river called Gold Creek, (which means in French,
"Riviere dore6": [gilded stream.]), very convenient to receive ivhatever
comes from the upper River, as ivell as lohcd comes doivn from above (be-
loivJ' — Translator) the fcdls and surroundings ; — the biggest merchant ships
may sail there.**

Arrival of a messenger from Carolina. He brings bad news about my

brigantine.

The other colony was to be located near Canavest, as may be seen by
the map.f Having received in two raonths, not the slightest news from
Carolina, I at last got very bad ones by a special messenger. M'^ M.
informed me in a few words: " That the bearer of the note wished to get
the command of our Brigantine, and that I was to agree with him.
That, as my brigantine had brought to News the long wished for wheat,
it had run aground on its return, on a sand-bank, that it was in poor
condition, and had been worm-eaten in hot weather, wanted new sail
ropes and other implements, that it Was sunk deeply into the sand and
could not be got off from there, — that I was to go to Carolina as soon as
possible." He made no mention whatever of the man-of-war sent from
Virginia to meet it, and of what other had happened during such a long
space of time. This so disgusted me, that I was for dying of grief and

*I give, above, the only plausible translation of an otherwise incomprehensible sen-
tence.

**I acknowledge that the whole underlined sentence shows very little sense, — but it
is a faithful translation, absolutely literal. Evidently, the word "above" (dessns) seetns
to be there for below (dessous). (Translator.)

fThe authenticated copy of the MS. says nothing of that map, probably lost. (Trans-
lator.)

117

962 COLONIAL RECORDS.

weariness; such bad news and strange intelligence absolutely stunned me,
so that nothing would have been more likely, than the shock had turned
my brain.

After so much pains taken, all orders given, and the necessary provi-
sions made, — and all that for nothing ! — I sent the Cap'" back not much
pleased, with orders, however, to repair the ship as well as possible, and
most quickly, since she had only a little way to go, along the seashore.

I wrote also to CoP Pollock, as being better supplied than any one
else : " Since the vessel was in the Province's service, every thing of ab-
solute necessity was to be provided ; " I added, that I should look to the
other things wanted at Virginia's expense. But everything was put off
in such way, that, if I wanted it to be done, I had to go myself.

My return from the Potomack to Virginia, and arrival at the Governor's. —
My surprise to hear such bad neios from the Governor. He tells me
how the man-of-toar had sailed uselessly to Carolina.
When, being on my way, I went to the Gov' of Virginia, I found
him looking cold and indiiferent, and quite changed towards me, and I
could not imagine why; at last, that lord himself explained his attitude,
but with heavy reproaches, asking what consideration we had for him, —
that he would have hoped to see his attentions better recognized, as well
as his services, which were so considerable, and which he would certainly
not have rendered to any individual whatever, — that instead of showing
him due thankfulness, we treated him most flippantly, and so on.
Abashed at what I heard, I excused myself, without knowing well what
he was aiming at; I asked for an explanation, though, and the Gov'^went
on : " Yes, yes, your fine fellow M. has played me a foul trick," — and
proceeded to tell me, how according to our agreement, he sent a well-
equipped man-of-war to fetch the Brigantine & my people, to escort
them, — how the Cap*° of the ship, aftei- waiting nearly for six days be-
fore Coratuck Island, became impatient, as nobody came near him, — how
he had sent his Lieutenant in the yawl, in order to inquire for news of
my Brigantine and people, which nobody knew anything about it, — how,
drawing near to a small village called Little River he ascertained, at last,
that M' M. was at New Bern, and the Brigantine stranded on a sand
bank, in poor condition, and that it could not be tugged away, — how the
Lieutenant having heard of that, brought the news quick to the Captain,
who was indignant, after having made a useless and dangerous voyage,
not to have been told what had happened, — inasmuch as, if a storm had
risen at the time, he would have been obliged to take to high waters, —

COLONIAL RECORDS. 9f;3

or he would have gone under with his crew, if thrown against the land,
the water being very shallow at that plaee ; — and how, eonse(|uently,
without waiting any longer, he had sailed to Virginia.

Cross accident. — 7th mishap.

This unpleasant narration being over, I thought of fainting right
away, overwhelmed l)y surprise, grief, and shame, at the idea that a lord
of his character, to whom I had such obligations, who had done me so much
good, and had such attentions for me, — to whom, after God, I very
nearly owed my own life, — had been trifled with in such a way. I
offered him the best excuses I knew, and told how strangely I hadl)een
deceived myself, when I was already quite ready to settle near the Poto-
mack falls, and how I was sadly puzzled liow I should get out from such
a labyrinth.

The Governor then presented me with a glass of wine to refresh my-
self, and began to say he was sorry for me, that I had to deal with such
a queer-headed fellow, — advised me to part with him, etc.

Ml/ departure from Virginia to Carolina. — lly arrival in Carolina. — My
requeM. that my brigantine should be repaired at the Province's expense,
since it was wrecked in its service. — 3Iy brigantine given over to the
Province.

Having spent the night at the Governor's and received many atten-
tions, I set, out in great haste for Carolina, in order to take the necessary
measures. As, formerly, I had also ordered sails & ropes to repair the
Brigantine as wanted, at my arrival at M' Hyde's, (the Gov' of Caro-
lina), I heard thoroughly of what all had happened, and I do not know
of what more ! I first wrote to M' M. to get a thorough information
about every thing, but he gave me no satisfaction, and I had to summon
him to come to me, in order to take the needed measures about one thing
and the other, but I was not obeyed. I accordingly tried to advance
matters in some other way, and asked the Governor and council that,
since the Brigantine had been thus spoiled in the Province's service, it
was only just that it should be repaired at public expense, — and my
request was granted. An able man was accordingly sent to that purj^ose
to examine and repair the Brigantine, but I was so badly provided with
eatables and other means, that he even returned very sick, the great heat
having injured him. He informed me that the Brigantine could not hold
out much longer, as it had been exposed to heat through all summer,
worm-eaten, and that it ought to be rebuilt all over, but was not worth

964 COLONIAL RECORDS.

•siR-ii \V(jrk. 1 accordingly gave the Brigantiiie over to the Province,
an;l 1 wanted it to Ix' estiiuated j'.t the same fij^nire as wlien it entered the
Province's service, bnt they hardly assessed it at half-price, and that is
not paid yet, any more than the value of the smaller one, which was
I)lown up hy that ]iowder-keg which took fire. (See page 114 of MS.)

N. B. — From tliis point of the narration, to the following N. B., I
could well suppress the facts about Mr. M. as iloing me not nuich honor; —
I however have recorded them, in order to justifv myself before the
Society, — as well as before the miners.

Where, meanwhile, had I to go with my people?! I wrote again,
with the most strong expressions, to M., requiring a conference, in such
delicate conjunctures, considering moreover that the creditors began to stir,
and wanted to be paid. I got no answer, but I heard that M. was pack-
ing up every thing, under pretence of putting my movables in safety, with
the intention of going to S. Carolina, — that he had already induced a
few Palatines to go with him. Such a fraudulent trick obliged me to
take otlier measures, — and I was warned to put my pn)pertv in better
hands, — but too late. As Col. Pollock, to whom I owed an important
sum for provisi(»ns lent to the Colony, began to become sus])icious, what
may be easily understood in the circumstances, I requested him to have
a legal inventory taken, by sworn connuissioners, of all things belonging
as well to the Colony, as to myself, but my Ijest things were already
gone.

My remoniitrance to 3Ir. M. about the grin'Oiif< circii instances, — and tlie

needed remedy. I get no satisfaction.

When I thonght of the whole behavior of M., — how he had disposed
things in such a strange way, — and nn'sled all interested people, — I
could not but suspect evil, and wrote to him, for the last time, remon-
strating, historically, about all facts that had come to my knowledge
from different sides, — not reproaching him as yet, — but showing that
"should he l)e suspected, he had given himself many reasons for it, bv
behaviour tt tei-giversations, what would be easier to say than to write.
Things being carried so far, we had to take strong resolutions, — and it
was absolutely necessary, that we should speak over these matters thor-
oughly, and adopt the last possible measures, — that there was pericu-
lum in mora;" but, instead of a conference, I got nothing out of him
but an ambiguous and unsatisfactory letter. I believe he was glad
to find a pretext for (jivimj a specious appearance to his tricks, and to yet

COLONIAL RECORDS. mry

rid of wh((t he could not acco)iijdi.sh according In hia desigm.* I should
liave iiinple reasons, not only to complain of his inexcusable proceeding,
but to resent it keenly; however, in order to spare his respectable rela-
tions, 1 do not mention many thino-s about him, and there would be, foi-
me, no glory in revenging myself on a wretch of his sort.

'That rogue, J/., proposes cm establishment on the Me.sesipy.

There were such extravagant things in that letter, that it did really
show that not oidy I had been duped, but many others; — especially did
M. mention a new enterprise, which he thought a great deal of, viz : to
settle a colony along the Me.-iesipy River — to which 3 crowns pretend to
have claims: Spain, France, and England, — he expressed the opinion,
that the State of Bern, being neutral, could obtain at once this region
from those three crowns ! But it has to be considered: (1) That these
powerful States are jealous among themselves, and none of them would
yield to the other; (2) that the State of Bern is absolutely unable to as-
sist and maintain such a far-off country, as it has no maritime forces. It
may be easily seen, therefore, that M. was most hazardous in his calcula-
tions, and that such freaks, from Pennsylvania to Mai-yland, fi-om there
to Virginia, then again to North Carolina, afterwards to South CJarolina,
and at last on the Mesesipy,— will not do, by any means !

The conclusion, concerning the silver-mine of Virginia, — or Mary-
land,— is soon drawn from what has just been said : if there was any-
thing in it, why should he leave it then and thei-e to stray toAvards the Gulf
of Mexico !

N. B. My hair stands on end, when I c(Misider how manv families
have been endangered and ruined, for having too easilv believed in that
alleged Silver-mine. I especially pity so many miner-families who left
their country, on the faith of a formal contract, came at great cost to
America, and there, found neither M"^ M. nor nobody to show them where
the mine was to be. I must make an end of this grievous matter; if
not I should go too far into it, and there would remain no space for other
topics; indeed, this was not my intention as I began.

/ am compelled to sfai/ at Governor Hyde's, until the conclusion of the In-
dian peace. Everybody sick at the Governor's. His death.
I come back to my narration about Carolina: having thought about

all those matters, and considering what little help I could hoi)e to get

*I acknowleclge thai lliis passage (unilerlinedj is obsciij-e, but it is literal. (Traiis-
lator.j

966 COLONIAL RECORDS.

from Bern, — where ray bills of exchange, one after another, were pro-
tested,— some remedy was to be found, in such unpleasant circumstances,
and in such pressing necessity. I however did not in the least think of
returning to Europe, — as I still had 2 negro slaves at Governor Hyde's,
my property, and thought to take them with me, in order to employ them
near Canavest; I thought, indeed, of settling among the Indians of this
latter country, and to attract there several colonists from Carolina, accord-
ing to their great desire and express intentions. But Gov'^ Hyde detained
me so long, (peace being not yet fully ratified with the Indians, he in-
sisted upon securing my presence at its conclusion), that one of my cred-
itors contrived to cunningly watch my negroes, in order that they could
not escape. Meanwhile, we all became sick in M"' Hyde's house, in con-
sequence of the great heat, and also, probably, of eating too many peaches
and apples, so much so, that at last the Governor died [Sept. 1712] in a
few days, what also did me much damage, — for he was my good friend.
This death nearly drove his wife, M" Hyde, to despair, and she instantly
begged of me, with tears in her eyes, not to leave her in such sad circum-
stances, but to remain with her until everything would be settled, as well
in reference to the Government affairs, as on account of her claims and
of her husband's inheritance. She further argued, that according to the
law and to my rank, the "Presidial"* belonged to me, as being Land-
grave of the Province, adding that she had lately perceived, at London,
from the Lords Proprietors that, if there was to be a vacancy, they would
entrust me with the Government. But I civilly thanked her, and pointed
to other motives which prevented me from accepting it. I however
promised to stay a couple of weeks, in order to^help her as well as I
could to despatch her business, — though mine was certainly quite as press-
ing.

The Council of Carolina offers the Presidial to me. — My refusal of the

same. — Col. Pollock accepts the Presidial.

After the burial. Col. Pollock, the oldest in the Council, came to me,
with the other members, and asked me to accept the "Presidial," what I
refused for good reasons, pointing to the fact that Col. Pollock, as the
oldest member, as well in years as in the Council itself, ought to accept
that office, — that he knew better than me about the affairs of the Prov-
ince, as I was an unexperienced stranger, and he accepted at last, with
many compliments.

*I suppose tliat, all tlii-oiigh this page, by "Presidial," is iiieaiu for Presidency.
(Translator.)

COLONIAL RECORDS. 9(57

The LL. Proprietorii delay for six months the election of a new Governor.

Mr. Eden appointed, Governor of N. Carolina.

The Lords Projirietors, however, were tokl about all these proceedings,
— and it was suggested to them, that if the Government was given to
me, I should not refuse it, but that I would not ask for it, what also met
with their approval, " without further consideration, as formerly." But,
as it was known, that I was heavily in debt in Carolina, and that already a
few bills of exchange of mine had been protested, the question was delayed,
until some notice could come from Bern, where I had written, to know
for certain whether payment M'ould follow or not. It is who customary
that the claimants appear themselves for application in such circumstances ;
accordingly, six months passed away without any election of a Governor,
although several persons had applied in London, — and the actual Gov-
ernor, M"" Eden, became justly impatient, the more so that for such a long
time-no notice came neither from Bern, nor from myself The LL. Pro-
prietors at last elected and instated the said M'" Eden, — whom I still met in
London, had a conference with him, and recomended to him, at my best,
my interests and those of the colony, which he promised to look after, —
and oifered me in all sincerity his aid, — which to give me he was also
commanded by the LL. Proprietors.

My stay near London, at Sir Colleton's, baronet.

When I lately passed through London, I stayed, after my arrival,
seven days at the country house of Sir Colleton, knight and baronet, also
a Lord Proprietor, and my good personal friend, — his residence being 6
miles distant from London.

He was delighted to see me, and also very sorry that I came too late,
saying that, if I had arrived only one month sooner, I should be at this
hour Governor of Carolina; I was not very sorry for it myself, as I was
unfortunately well aware, that they did not feel disposed, in Bern, to pay
my debts, my relations as little as the Society, which feels discouraged by
so many annoyances.

My departure from Carolina. — Arrival in Virginia. — I ffo on my way to
Maryland.

I have nearly lost my way, and, instead of going to Virginia, I have

come to London ! To take up my narration where I left it, a i'aw

days before I took leave of M" Hyde, the Governor's widow, I sent
secretly word to the negi'oes, by my footman, to cross the river by night,
witliout noise and secretly, and to wait there for me to go with me to

9H8 C!OLONIAL UECUUDS.

Vii'ginia, which siiitocl them very well, (since they were dealt harshly
with), hut I <Io not Ivuow how they did, .something was found out and
they were arrested ; so I Juid to leave them behind me, what seriously
changed matters. I started accordingly, and came soon at Gov. Spots-
wood's in Virginia; I told liimot'all my ainioyancesand he much pitied
me. But I remcnd)ered the meeting appointed with one of the interested
parties on Potomack River, and did not stay long at Williamsburg, but
went on my way to Mar^dand, hoping to find him at M'' Rossier's, near
the great falls, and to take with him the last measures. But, when I
thought of crossing the River witii my horses near the pointed foreland
of Maryhuul, a great wind arose and prevented me. As soon as it fell,
I went on, crossed, and went towards the Fall.

Not finding in Maryland the people I came to aee, I f/o hack on the same
way. — My return to Virginia.

When I arrived at M"" Rossier's house, I found neither him nor his
wife, nor the person above mentioned ; the first had gone visiting at some
relation's at the distance of one day's travel, and the other gentleman had
just gone away the day before, thinking to meet me in Virginia. Though
very much tired b}- such a long voyage, I just stopped to take a little
food, and went the same way back, so fast that my horses were overrun,
and that we were comjielled to walk one day (Mi foot, before arriving at
Williamsburg.

Immediately after my arrival, I asked whether M'' M. was there, but
I heard tliat he was at Hampton or Guiguetan, the first seaport of Vir-
ginia; I sent immeiliately my footman there, with a hired horse, but he
did not find him, because tliat gentleman was glad to avail himself of a
favorable opportunity for returning Iiome, as he happened to find there a
man-of-war, whose captain was his good friend, ready to sail for "the
new York." After having inquired about me and the colony, heard of
Gov. Hyde's deatii, and ascertained that my aifairs all went the wrong
way, he left for me a letter, which I never I'eceived, and left for New-
York, which is not far from Burlington, a very nice borough, built in
Dutch fashion, on the limit between New- York an<l Pennsylvania, where
I most of the time resided. This important apj)ointnicnt having again
tailed, I felt much desponded, then he was my last resource, being a man
of sense, honest and upright, and a skilfull merchant. What surprised
me was tiiat an intelligent man as lie was had so niucli trusted M. and
had advanced liini so much money, and that same fact made me believe
that there was still some reality in the mines.

f'()[.()NL\[i RECORDS. 969

T day during the winter at a friend's in Virginia.

What was I to do In such unhappy a conjunot^ure? It' I had had any
means to settle at Canawest, I would have returned there. Instead of
going to Gov' Spotgwood, I went to a private friend, intending to try one
thing more. I sent my footman to Carolina, partly to ascertain if M'
M. had left no answer for me, — believing he might have resolved some
new scheme, — partly to know which way he had gone; Item: if he had
left nothing of my clothes and house-linen; Item: to know if perhaps
the negroes had escaped, because, in case I could catch them, I would
have been able to do something in Canawest, where they could have
planted grain and taken care of the cattle. But my footman came bac'k
without having done anything, — he was told, however, that if I could
send a brigantine or big barge full of provisions to the Bernese colonists
and a few honest Palatines, they would come to me, trusting still to re-
trieve my losses with the mines ^vhich I had with Gov' Spotswood.

Last remurce to get a partner, a person of means and distinction. — Mis-
hap. Sth Gross-accident. A noted merchant threatens me and tvill ar-
rest me for a protested bill of exchange.

Upon this notice, I wrote to a distinguished j^erson, a rich man, mem-
ber of the Queen's Council, and my intimate friend, who could have gone
into coiJartnership witli me for this new colony, with a request to provide
us with all necessaries. Being deeply engaged in that matter, and be-
lieving that I had found some means to get out of trouble, I got notice,
that a merchant who had against me a protested bill of exchange intended
to arrest me, the writ having already been served at the house ^vhere I
lived, as I took good care not to show myself. I then consulted with
my good friends, asking if I could live in safety at Canavest, or in some
other place in America. But they answered me: "Nowhere," — for, even
if I had been among the Indians, I should have been detected by the
Indian traders, what made me very anxious, as I saw that there were no
more resources for me in America, — unless I could hope to draw enor-
mous sums from' my original home, or should find some new partners,
which would have been possible, but, when found, they would of course
have nothing to do with the old debts.

I pondered over some letters which I had received, and which did not
much satisfy me, and went in great grief to Gov. Spotswood's residen(;e,
Williamsburg, to explain to him my deplorable condition and to tell him:
" Governor, I am in such straits that I do not know any more which way
to turn; be kind enough to a poor unfortunate, to give him some pru-
118

970 C!OIiONIAL RECORDS.

dent advice." After having noticed the right time, I took my chance,
asked for an interviaw, which he immediately granted to me.

The Governor of Virginia advises that I shouht go to Europe.

After I had tokl him all my mishaps and wretched adventnres, and
added that it had come so far, that I was threatened to be arrested, the
Governor answered, that he took great parts in my misfortune, that he
was surprised that I should be abandoned in such a manner, especially
by the Society, — and that he kne^\' of no better advice for me than to re-
turn to Europe. He offered to me his recommendation to a good friend
of his, who was to obtain that a distinguished lord, his protector, should
kindly present a petition to the Queen in my behalf. I was, afterwards,
to go to Bern, to expound matters thoroughly to the Society, and solicit
from them the payment of the bills of exchange. I imparted this advice
to several among my best friends, who all were of the same opinion.
But, winter being near, as in such season no ships are found to sail to
Europe, I remained, through the winter, which is not very long in those
quarters, at a good friend's, and, as I did not like at all the idea of re-
turning to Europe, far less to my native country, I did not fail to make
ardent and repeated prayers to the Almighty, that He might put me in
mind what I was to do in such a delicate conjuncture, and guide me ac-
cording to His holy will, in order to get more blessing in my designs,
and to take a resolution favourable for my soul. Indeed, if I had had
no other aim than to spend the balance of my existence in making some
kind of a living (in keeping body and soul together), I could have find
still some kind of device. But I felt grievous to leave the Colony, —
and again, when I took into consideration what I had to thank God for,
especially' my miraculous rescue, — and how everything went wrong for
me in this country, — it brought me nearly to believe that it was not
God's will, that I should stay longer in that cwuntry, — that there was no
favorable star for me, — and I accordingly formed the unshaken resolu-
tion to depart.

I comforted myself in thinking that perhaps these colonists could bet-
ter subsist among these Carolinians, who in that time were as able to
assist them as I. I felt, accordingly, less responsibility, and, besides, I
did not do what I did with the intention of abandoning them entirely,
though many of them had given me good motives of doing so.

But, in case I should obtain a favorable hearing from Her Britanic
Majesty, and more assistance from Bern, I thought I could return more
gladly & more profitably, — and that, if I should unluckily not succeed

COLONIAL RECORDS. 971

in that negotiation, I shonld be compelled to give up that colony to the
LIj. Prop^ & to the creditors, and to remain qniet in my native conn-
try, and to spend the remainder of my days "with the repentance" of so
mnch time lost, in a trne hnrailiation and sincere moral improvement, not
doubting that the sins of my yonth have called upon me such dispensa-
tion. However hard the latter may seem, it was not so much so as I had
undoubtedly deserved it.

I must accordingly give up every superfluous & worldly care, and all
the more, look after my poor soul, with God's grace.

The Colonists themselves were the cause of their own disasters, by their un-
godly and unruly life, by which no blessing from God could be called
upon them.

N. B. — I stated above, about that colony, that, although I should leave
and abandon them, and that so many misfortunes could happen to them,
that they had certainly drawn them upon themselves : (1) They were,
I mean most of them, unfaithful to, and deserters from, their true sov-
ereign, and they actually did act in the same way towards me, having left
me in the greatest straits. (2) They were such a criminal and ungodly
set of people, that it is no wonder if the Almighty has punished them
by means of the heathen, — for they wei'e worse than these, — and if I had
known them, as well as I do now, the Bernese as well as the Palatines,
I should certainly not have concerned myself about them.

As to the Palatines, I thought of picking my choice among the better,
according to their appearance; for those who died on the sea and before
my arrival, I have nothing to say, but for those that I joined there, I
found most of them to be ungodly and rebellious people, among whom
there were burglars, thieves, lewd fellows, profane swearers, slanderers, etc.
No pains, no cares, on my jiart, could keep them in their duty. No
admonitions, no threatenings, no punishments, proved to be of any use.
God knows what I have endured ; ainong the Bernese were two families
which might justly be called the "excrement" of the country, and, with
them, the proverb proved true : " 111 weeds never die out."

I was more sorry to leave such a beautiful and good country than such
wicked people. There wei'e, however, some little good grain, I mean a
few persons fearing God, who loved me and whom I also loved ; I wish
them all kind of prosperity. God may convert the balance !

How I had to undertake my voyage to Europe.

The question was, how to undertake the voyage, by sea or by land.
It could not be done by sea, as the captains of the ships are not allowed

972 COLONIAL RECORDS.

to take on board any person in debt, who has not .satisfied iiis creditors, —
or else, to be lield answerable for the said person. I had, accordingly, to
travel by land a very long way. My pnrse being not enongh well filled
for that, I was obliged to sell some silver plate which I still had kept.

I explain to tJie Colony of Carolina tin; ncceimity of my voyage to Europe.
Meanwhile, I wrote letters to the colony, pointing to the necessity of
my voyage on account of their deplorable condition, as well as my own ;
I sent, at the same time, letters to the President and to the Council, tell-
ing them also my motives and recommending to them, the best I could,
this forsaken and shattered colony.

I take leave of the Governor of Virginia. My voyage by land by part of
Virginia, Maryland, Jersey, Pensylvania, as far as New York.
After I had taken leave of Gov'' Spotswood, who entertained me splen-
didly for this last time, I began my voyage by land just at Eastern 1713.
I went through nearly all Virginia, Maryland, Pennsylvania, Jersey, and
at last happily arrived, thank God, at New- York, a fine city, very well
built after Dutch fashion, on an island, on the side of which is a fine and
convenient harbour, situated between two navigable rivers, with a fortress ;
the surroundings are charming, — there are 3 churches in the city, an
English one, a French one, and a Dutch one, in which a German service
is also held. There is plenty of everything, and one can have anything
which one wishes, the liest fishes, good meat, all kind of grains, fruits, &
vegetables, very good beer, and all sorts of exquisite wines, etc.

My fortnigMs stay in N. York; — the toini ; — viy departure.

I stayed 10 or twelve days in that nice place, — and then sailed for
England in a little Brigantine. I own that, at first, I was afraid to cross
that big Ocean in such a small ship, but I was told and convinced that
there was not so much danger as in a large one, and for different rea-
sons :

(1) The sails are more easily mastered in great storms, as there are
much less to manage;

(2) The small ship cuts better the water, and goes quicker ;

(3) A small ship does not swing as much as a big one;

(4) It is more handy to load and unload, and is very useful to trade;
such a ship makes two trips during a big one makes only one.

Arrival at Bristol.

Though the wind was nearly always contrary ,«and we had several very
rough storms, we arrived, however, thank God, happily at Bristol after

COLONIAL RECORDS. 973

G weeks. This town may well bear the name of a "Small London" on
acconnt of its good harhonr, its size, great trade, wealth and dense pop-
ulation.

I took a few days' rest, and rode on horseback, in good company, to
Ijondon, because the voyage by stage was dangerous. [1713]

Cross-accident, dth inisJiap. Death of the Duke of Beaufort & of the

Queen.

I spent there several months, in hopes of presenting my petition to
Queen Ann, by the hands of the Duke of Beaufort, my protector, who
was first Lord Pi-oprietor, and Palatine of Carolina, but, a short time
before the date at which he was to hand my petition to the Queen, he
died mddenly, another blow of my usual l)ad luck. The Queen herself
died soon after him.

After that, there were so many changes at the Court of England, that
my petition was not presented, and I well saw there was no hope of any
favour in this new Court, for a long time, though it might l)e supposed
tliat, after a while, this new King, being a German by birth, would feel
inclined favourably for that affair. Winter being inconvenient for travels,
as I could do nothing under such circumstances, I began my voyage to
Bern.

Cross-aceident. \Oth mishap. Unexpected arrival of the German miners

and. their leader, — and the great trouble they gave me.

I cannot, however, but mention that when I arrived at London, I -was
surprised to hear that the head-miner, T. Tusties Albrecht, had arrived
with 70 other miners, what gave me much pains, cares, grief, and ex-
pense. Indeed these men came most inconsiderately and without orders,
thinking all necessaries for their living and for the mining-works ready
for them ; l^nt there was no such thing, and my purse was so empty that
I had hardly enough for my most pressing needs. I had spent all my
ready money in America, and found no bill of exchange for me in Lon-
don, and it was impossible for me to assist such a crowd of people. It
is easily understood what a burden that was for me, as they believed
that, ai^cording to the written contract which they held, I was bound to
assist them, what would indeed have been the case, if I had given them
orders to come. I had however written to them, from America, several
letters, of which they had received more than one, by which I gave them
advice, that the head-miner T. T. Albrecht was not to come until further
orders, telling them that there was nothing to do in the mines, on
account of the troubles, and of the Indian war, which took place in Car-

974 COLONIAL RECORDS.

oHna, — I added that M'' M. had not yet disclosed the place, — liut that, if
the head-miner was willing to come nevertheless with one or two of them
besides for the sake of jirospectivg only, he might do it of his own accord.
But he, nevertheless, without further consideration, proceeded, and took
no notice of these tidings.

What was I to do? I could give them no better advice than to return
home, which they did not like, and even preferred to become servants in
America, for 4 years. Meanwhile, there were, as yet, no ships bound for
America ; they had, in consequence, to stay througli the whole winter in
London; but how were they to live? I really felt sorry for them.
However, I was in a hurry to get home; I at last found two rich &
noted Virginian merchants, to whom I proposed and recomended tliat
business at my best; besides, I took counsel from a high standing lord,
to whom I hpd been recommended by the Governor of Virginia, pre-
cisely touching the mines, in order that he might support me at Court.

Miners disposed of, and sent to Viiyinia with a recommendation to the

Governor.

We concluded that these people luid to put their money together, and
keep a proportional account of it, and that one of the merchants above
mentioned should pay the balance, to supply the transportation and liv-
ing of these people, that the Gov"^ of Virginia was to I'cceive them, &
take care of them at their arrival, and to pay the cap' of the ship, who
had to give back the money advanced by them to the Ijondon merchants.

For that object, I wrote an extensive letter to Gov. Spotswood, laying
before him tlie situation, and telling him, that, in case the mines should
not fully succeed, these good people could form a small colony on the
lands which we held together in Virginia, a little furtlier than the place
where were found supposed minerals, the presence of which made a silver
vein presumable, — where they could settle by the orders and good care of
the Gov', or somewhere else, if tliere was no satisfactory prospect of sil-
ver mines.

And as, in Virginia, there wei'e no' iron nor copper works, though a
plenty of such ores were found there, we might begin by these, for which
we needed no royal patent, as was wanted for silver mines, etc.

Departure of the miners. — {They are aetuaUy settled on the Governor's
lands, where they have started a small colony.) [Notice of the author.)
Hoping that my scheme could succeed, I recommended these good

miners to the Allmighty, and they started at the beginning of the year

1714.

COLONIAL RECOFJDS. 975

A whole year has elapsed without my receiving any news from the
Gov' or from them, and I feel very anxious.

My Ameriean mishaps seem now to be at an end, l)ut the same ill hwk
wliich pursued me t)ut of my native country still followed me home.

3Iy departure from London.

For fear that my American creditors, of which the most interested
happened to be at that very time in London, could give orders to the sea-
ports, to inquire after me, and arrest me, I resolved to go aboard a little
ship bound for S' Valeries, instead of taking the common route by Dover
or Harwich, and of going home by the shortest. The day was appointed,
and, as I daretl not to take a passport, for fear of being detected, the
captain of the ship (to whom I had to trust the niatter, though under a
false name), advised me to go in a little boat to Gravesend, and prepared
himself to start.

In danger to be arrested at Gravesend.

When I was nearly half way, such a strong contrary wind arose, that
I was compelled to land, and to go on foot to Gravesend, where I slept
and remained a whole day ; but, finding the living dear there, and not
knowing whether that contrary wind would still last long, considering
besides that this also was a seaport, I went on my way back to London,
where my ship captain, not yet ready, was waiting for a better wind.
However, I remained at Southwick, beyond the Thames, till further
orders. When he had unloaded, I was told to follow him, and, at Green-
wich I went aboard the ship, and outside of the town of Gravesend, the
Capt° sent me away, telling me to wait until he would have declared
everything on board, and the inspection would be past. Although he
told to the searching officers that my trunk belonged to a nobleman from
S' Valeries, and that he could declare that it contained only clothes, they
would not be so easily satisfied. He accordingly sent quickly a boy to
tell me that I had to open my trunk, what made me anxious ; however
I kept a careless countenance, and sj>oke French : I at once took my key
with half a crown, and gave it to the clerk, asking him not to ruffle ray
clothes, which were so tightly packed. This luckily succeeded ; if they
had examined my writings and papers, I should have been detected and
in dang(;r.

976 COLONIAL RPXORDS.

A ficcoiid storm at Marget, a port on the Thamen. — Cros.^-acci(h'iU. 11 fli
mishap. Instead of 3 days it took us 3 weeks to c/-o.s« over to France. —
The etitraiice of St. Valeries harbour a dangerous one. — My arrival in
France. — Arrival at the Fort de la Chise, where I am in danger to be
arrested for haring no passport. — J/y arrived at Geneva and Lavaux. —
My arrival at Bern.

After that, we sailed on. When we were nearly at the mouth of the
river, near a seaport calletl Marget, there arose sueh a tei'rible storm, with
thinuler and lightning, that we were in great danger, and were scarcely
al)le to keep the anchor fastened over night. Tlie following day, when
the wind had fallen somewhat, we sailed further on, and when we were
on high sea, a strong contrary wind drove us to a place full of sand-
banks, so that we were obliged to return and to land in another port
called Ramsey ; if the people of that townlet and a great number of
sailors had not come to our I'escue, we sliould undoubtedly have perished.
We had to stay there 8 days, on account of the contrary wind, and in
order to mend our torn sails, and to fix different things. That was hard
for me, as I had hardly enough money for my voyage through Paris.
When the wind had abated some, we went out, but were repelled a second
time. This voyage gave me more trouble than when I crossed twice the
ocean. Instead of 3 da}-s, it tot)k us 3 weeks to go to St. Valeries, where
there is so dangerous an entrance, that we shtiuld never have been able to
get into the harbour if pilots had not come out to meet and help us. I
came very near to be arrested by the Governor as I had no passport, but
a bill of exchange, by which he could ascertain that I was a Swiss, got
me out of trouble. From there I went up the river to Abbeville, where
I took the stage to Paris, and from there to Lyons, and from there to the
Fmi de la Cluse* where the Governor or Commander arrested me, as being
without a passport, although I had not been required to exhibit one all
througii France. .If I had not been in possession of my brief as lieuten'gov'
(bailli) of Yverdon, which I exhibited, telling how I had lived in good
neighborly intercourse with M"' de Bearnez,** Gov' of Pontarlier, and
giving sufficient evidence of the fact, I shoukl have lieen compelled to stay
till a satisfactorv attestation had come fn)m Bern. So I went on niv wav

*A French fortress near the limit between France & Switzerland (Geneva). (Trans-
lator.)

** Pontarlier is a French Town, situated at a distance of about 18 miles from Yverdon.
M. de Bearnez ruled at Pontarlier, for the French government, in about the same ca-
pacity as de Grafienried at Yverdon, for the Bernese Government. (Translator.)

fOJ.ONIAf. KKCOIjnS. 977

tt» Geneva, and from there to our vineyards of Lavaux* where I th(juglit to
meet my family, according to the news received. I even thuuglit to stay
there for some time, but I found the house shut : everybody had gone to
Bern a week before. 80 I had to follow, though unwillingly, and I ar-
rived at Bern on tlie day of St. Martin 1713, in good health, thaid< God,
and found everything and everybody at home in good condition.

Alas! What changes I found in the town! -Old friends grown cold
towards me, — many people bloated up with pride and arrogance ! Mv
experiences would be too tedious to relate in their minute particulars.

Oross-accident. — 12th mishap. The Bernese Society (or Company) aban-
dons me.

Tlie worst was, that those among whom I thought to find some help
to rebuild my shattered colony, some refused to hearken to me, and the
others I could not well convince, and so, I was compelled to abandon that
colony, for want of aid, esj)ecial]y from my Society (or Company) wliich
abandon me! It is a pity, because others will be able to fish in troubled
waters, and to take advantage and benefit of what I founded with much
danger, pains, care, grief, and expense.

Affairs in much better state in Carolina. — The peace concluded.'

Indeed, affairs stand well now in Carolina; the Government is better
established, the wild Indians destroyed, a good peace concluded, the main
difiiculties surmounted, the most convenient lands, for the colony, cleared
and cleaned out. The air there, accordingly, is more healthy, the popu-
lation more dense, — and those who will succeed us in that region will be
much better off than we were, for the trials of the beginning are over.
My heart aches to leave such a beautiful and good country, where there
are so fine prospects of future pi-osperity, and such hopes of a flourish-
ing colony.

Since fate will not favour me any more in this world, there is no bet-
ter remedy than to leave it and to seek the treasures from above, where
moth and rust doth not consume, and where thieves do not break throuo^h
nor steal.

I could have added here an account of the English Provinces of the
American Continent which I have seen, but, several authors having writ-
ten on these matters, I refer the reader to them.

*Lavaux is a region on the northern side of the hike of Geneva, where fine vineyards
are found. Most of the aristocratic families of Bern generally owned a wine farm there,
in the time when the Canton de Vaiid was under Bernese rule. (Translator.)

119

978 COLONIAL RECORDS.

He may cunsult P. Heiiepiu, Bloom's English America, Baron de la
Hontan, Visher's Great Britain, and on Carolina especially : M"'. Ocli.s'
more recent Emay, the Diary and Dencription of Carolina, by Law.son,
the same man who was sentenced to death by the savages, as I have re-
lated it above.

Hereafter follow a few annotations abont what I noticed during my
voyage to the Tuscoruros' region and during my captivity among the
Indians; only, I just write them, without order, in the very succession
in which they struck my mind, and under letters, a, b, c, d, etc.

a. Neither I nor my colonists caused the slaughter and tvar of the Indians.
\^These reasons and others have already been stated above.^
The letter to Gov' Hyde would have been too extensive, had I writ-
ten all these pai'ticulars into it. Some inhabitants of Carolina, moved
by jealousy and indiscretion, accused me and my people as having given
occasion to the Indian war and slaughter. I could quote many reasons
for my justification, but my innocence being notorious, I will not trouble
myself much about it. I will, however, state here : [These reasons and
others have already been stated above.] (1) If I had been answerable
for these events, why did the Indians not kill & execute me as well as
they did Surveyor-General LaM'son ? (2) I paid for the lands called by
the Indians Chattauqna (written in the MS. Chatoueka. — Translator)
three times : once to the LL. P"*", once to the Surveyor-General, a third
time to the Indian King, calletl Taylor. (That Indian King lived with
his people at the very place where my house and the started town, New-
Bern, now stand.) With these Indians, I and my people lived very
friendly, and I should as well have paid the balance of the land, if they
had required it from me. (3) There was not a single complaint against
me, as was evident by the great Assembly of the Tuscoruros where every-
thing was discussed over again in the presence of the Virginian merchant.
The real authors of the troubles were denounced by their names; by
charity, I will not recall the latter here ; the two Lord Governors of Vir-
ginia & N. Carolina have seen to it.

6. Soberness and good order of the Council of the Savages.

I have seen many considerable and important assemblies, and I have
even taken part in some, but I have been surprised at the gravity & fine
order of these heathen, at their silence, obedience, regard for their supe-
riors ; nobody speaks but in his turn, only once, with great decency &
modesty. No passion made itself conspicuous, and sufficient time was

COLONIAL RECORDS. !>79

iillowcd for tlie reply. Everything goe.s on witli such propriety that I
can ,say, for the confusion and shame of many Christian magistrates.
The process was condufited in so fine an order, at the least as by any
Chi-istian judge, and they reasoned so well, that I was quite sur])rised.

e. These 7 villages of the Tuscororos discard responsihility.

Seven villages, of the Tnsoaruros' nation, pretended to be entirely in-
nocent of the Indiau war & slaughter. They argued, that they had no
understanding with the other Indians, — the latter being more distant &
nearer to Virginia, on which they depend for the trade. These 7 town-
ships or villages, however, have some power over the small neighbouring
groups, & hold them, to a certain extent, under some degree of bondage.
That Tom Blount is King & Chief over a considerable number of Indians,
full of sense, and much inclined towards the English nation. He con-
tributed much towards a got>d peace, and even when the question Avas
only about me, he spoke much in my favor.

d. Charity of an Indian icidow. Some good qualities of the Indians.

I cannot but state here the great generosity and pity shown by a good
widow, who gave me from the very beginning, during my imprisonment,
always to eat, so that at least food did not fail me.

But what is most remarkable, as soon as she saw me bound by young-
rogues who plundered me, and took from me, among other things, my
silver shoe-buckles, fastened only by a small string, she took her beauti-
ful brass-buckles, (with which she fastened her head-band,) and put them
on my shoes. More than that, she was not satisfied till she had found
out which Indian had taken my buckles, she bought them, and came in
high glee, running to me and put them back on my shoes. Must it not
be conceded that it was a great kindness from a savage woman, for the
confusion of many christians? I must state here, to the shame of the lat-
tei-, that the Indians are generally much more generous and charitable ;
I have observed many good traits in them : for example, they do not
swear, — hold exactly what they promise, — do not quarrel in gambling,
are not so greedy, have not so much pride. I have heard nothing unbe-
coming among their young men; although almost naked, they neverthe-
less behave more decently than Christians, etc. What I observed woi'st
in tliem, is their strong anger, which generally becomes wrath.

c. The Savages' ceremonies in their triumphal feast.

I must state here that when those barbarous burglars returned home,
their wives, informed bv messengers, [»re])are(l themselves for a great

980 COLONIAL RECORDS.

niglit- least : every family cooked the best kind of" meats, after their
fashion, and brought tliein on tlie great execution-ground, where they
also often have their dances ; every family erected a small scaffold, with
a good fire near it, and they disposed those stands in a circle around the
said ground. In the middle was a big fire, near which the priest was
standing.

The women all tot>k their jewels and ornaments, consisting in Wanipon
necklaces, glass-coral, and burnt shells, — and then took some small sticks
or rather thick twigs, and stuck them in the centre of the ground, verti-
cally, as a sacrifice. They had also raised there 3 deer hides, as their
Idols, whi(^h they do not worslii)), l)ut respect.

The Queen, or, in' her absence, the first in rank after her began first,
the others followed, always singing; when the circle was comj^leted, they
danced around the fire and the three iiides untill they were tired.

After that, every one went to her small scaffold to eat with her hus-
band ; when they had done, they took sticks wrapped in black, made
the same ceremony as before, taking back the sticks adorned with coral,
and putting the l)lack ones in their place, and returned to their stands.
Meanwhile, the priest was engaged in his duties, threatening the enemies,
in most strange attitudes, and praising the soldiers, and exalting and ex-
citing their courage for the future. After that, the young men went and
brought green limbs of trees, painted their faces with black, white, and
red, letting their hair fly loose, and sticking into it small feathers and
white cotton ; and so, looking more like horrid devils than like men,
they all ran to the big ground with dreadful yells and howls and danced
as was said above.

I observed that, when the Indian soldiers, or rather burglars, above
mentioned, returned with their booty & prisoners, the priest and the tall-
est woman of rank* took the poor prisoners and compelled them to
dance ; when they refused to do it, they took them under the arms, lifted
them, and let them down alternatively, as a sign that these christians had
now to dance after their music, and had become their subjects.

These pagan ceremonies may be considered as their religious worship
and idolatrous devotion. I sometimes noticed, in the morning, that they
sang a little serious sounding song instead of praying, — what they also
do in great dangers.

"The sense may be also, thoiigli awkwardly, expressed in llie MS.: The woman of
liis^hest rank. (Translator.)

COLONIAL RECORDS. 981

/. Religious worship of the Carolinian Savages.

I also noticed iiiuong' the Indians who dwell at the place where I set-
tled and started the bnilding of New-Bern, another kind of rites which
come nearer to the christian divine worship. They had there a kind of
altar, cnnningly interwoven with small sticks, and vanlted like a dome.
In one place was an opening-, like a small door or wicket, thi'ongh which
they ])nt thoir offerings. In the midst of this heathenish chapel was u
concavity where they sacrificed beans, corals, and also Wampons. Fac-
ing the rising sun, was planted in the ground a wooden post, with a
carved head, painted half red and half white. In front of it stood a
big stick with a small crown at its end, wrajjped nj) in red and white;
(Ml tlie other side, whicli looks towards tlic setting snn, was another
image, with a horrid face painted in black and red. By the first, they
mean some god, and by the other the Demon, whi(>h they know far bet-
ter.

I cannot bnt relate here, to amnse the reader, what lia]>])ened to one
of my tenants, a tall, strong, well-bnilt fellow: passing near by these
idols, he examined them, and knew at once the diflterenee between
the good god, and the one which represented the devil. The latter being
painted in red and black, wlii{!h happen precisely to be the colonrs of the
Bernese Hag and arms,* he became so angry abont it, that he split in
two, with his axe, the Devil's statne. When he came home, he boasted
about it, as if it had been an heroic feat, saying that he had split the
devil in two with one stroke. Though I could not lielp smiling, I could
not approve his action. Soon after, the Indian King came, exasperated
at this sacrilege, and complained loudly. I first told him, in a jocose
way, that it was only the wicked Idol, that there was not much harm
done, but that if he had cut the good Idol to pieces, I should have rig-
orously chastised him, and that, in the future, orders would be given in
order that no such thing could happen any more.

Although the Indian King saw well that I spoke of the all thing as a
joke, hedid not like it much, but looked very serious. I accordingly told him,
quite as seriously, that that man's action did not please me at all, — and
that, if he could show me the one who had connnitted such a scandalous
offence, he should be rigorously punished. To appease a little those
Indians, I treated the King and his retinue to some rum, a liquor dis-
tillated from sngar-dregs, and a very healthy beverage, when taken mod-

*The coat of arms of the Canton Bern bears a "Black (Sable) Bear on Reit (Gules)
(Tronnil." (Translator.)

982 COLONIAL RECORDS.

erately. My courtesy put them in a more serene mood, and thev left niv
home quite satisfied.

g. How the Savages bury their dead.

They have more ceremonies for tlie burials than for the wedding's and
marriages, and I noticed something very peculiar at tlie burial of a
Avidow. Before telling that event, I shall say, only in passing, what the
priests sometimes do in ease of sickness. After thev have given the
needed remedies, if these do not opei-ate, they make grimaces, faces, and
contortions, blowing at last their breath in the patient's mouth, with a
loud noise and snoring, and I do not know what other incantations. If
the sick person gets better, the joy is unutterable, — if he dies, they howl
in the most dismal and frightful way.

The se2:»ulchres or tombs of these Indians are very dexterously made,
out of the bark of trees, vaulted. When the dead is being carried to
his sepulchre, the priests stand near by, make great lamentations, and
give a funeral oration. In their usual way, if there is some benefit to
expect, they give great praises to the behaviour of the dead or of his
relations, comfort them, and make I do not know what for horrible ex-
orcisms. They take much pains, in gestures and in speech, so much so
that they perspire abundantly. After the ceremony, the heirs or nearest
relations give to the priests Wampon-necklaces, I mean corals made out
of calcinated oyster-shells, purple-coloured, & yellow, which is the cost-
liest reward they could give.

N. B. The Indians make, with those corals, gartei's, necklaces, girdles,
so well interwoven that they really snrpi'ised me. After the tomb was
covered, I noticed something which passes imagination, and which I
should not believe, had I not seen it with my own eyes. From the tomb
arose a little flaming fire, like a big candle-light, which went up straight
in the air, and noiselessly, — went straight over the cabin of the det^easwl
widow, and thence further across a big swaui]> above \\ mile broad, until
it finally vanished from sight in the woods. At that sight, I gave way
to my surprise, and asked what it meant, but the Indians laughed at me,
as if I ought to have known that this was no rarity among them, they
refused, however, to tell me what it was. All what I could a-scertaiu,
Avas that they thought a great deal of it, — that this light is a favourable
omen, which makes them think the deceased a happy soul, — during they
deem it a most unjiropitious sign when a black smoke ascends from the
tomb. This flying flame, yet, could not be artificial, on account of the
great distance; it could be some physical phenomenon, like sulphurous
vapors, — but this great uniformity in its appearance surpasses nature.

COLONIAL RECORDS. ' 983

As I wa.s on another occa.sion l)n.sy, in Gov"' Hyde's house, with the
Council, to conehule a ^ood peace with the Indians, six of eight of those
Kiuii'lets lieing present as rei)n'sentatives of tlieir nation, with a retinue
of otiier Indians, I noticed among them a priest whom I asked what
was the meaning of what I related above. There were more than twenty
Indians, but among them I found only that priest and another, an an-
cient, or old man, who were able to give me an explanation; and this did
not satisfy me, and seems to me a fable, and a tale so ridiculous that it
presented not even the shadow of a truth.

Transmigration of souls.

They told me that only old priests of great experience conld cause such
visions to appear. When I asked what was this flying flame issuing
from the tomb, they told me it was the soul of the deceased, which went
into another good creature, if the person had lived well & well behaved.
But if she had led a bad life, the soul went into an ugly, wicked, and
unhappy creature. They further told me that these priests attained to
such science or magic, in the following wav :

Sometimes a small, subtle Are, also like a kind of flying flame, —
flickers from one tree to another, — what very seldom happens. When
an Indian sees it, he must run with all his might to catch it, and in the
moment when the hand covering the fire, extinguishes it, is born a
kind of small spider which runs hither and thither, very cpiickly, in the
hand, so that it is nearly impossible to keep quite close over it the other
hand, — but that if one succeeds in keeping it tight, — it grows to the size
of a mouse; — in that way the man who captured this wonderful thing
l)ecomes the best master & magician and can achieve all kinds of surpris-
ing feats. [N. B. These " conjurors," as they are called in English, have
also the power to evoke the Devil and to send him away.]

h. How an Indian contrived to raise a good, wind into the sails.

My pilot attested to me that, as he was once crossing the sounti (a
great sea bay in N. Carolina), in a boat, there was such a dead calm that
they could not move. An Indian, who happened to be there told him
that, if he wanted him to do it, he could in a short time raise a good
wind. The pilot, who wished for nothing better, since he had none too
much provisions, allowed him to act as he pleased, and all at once arose
such a strong wind, and they sailed at such a rate, that they were fright-
ened, Ijut had to go, as there Mas no means of stopping. And so, they
arrived, nearly in a little while, at the place for which they were bound,

984 ('()J.()NIAL IJKC'ORDS.

not vvithuiit great risk-s of a shipwreck; the Pilut tokl me that in his life
he would not use such kind of help again.

The reader may believe what he j)leases of this and the things stated
above, but one thing is certain : Satan wantons a great deal with those
2X)or creatures, and there may be many delusions; if these fabulous tales
had not been told to me in such a considerable Assendjly, I should not
iiave dared to quote them in this my account.

1 have noticed and iicard many other things anxiug the Indians, but
so many authors have written about them, that 1 would not enlarge any
more upon this subject, for fear that I should only I'epeat their state-
ments.

t. Barbarom actions of the Indians, as coinparcd loith the doings of the

Christians.

As to the barbarous and stern ways of the heatheuisii Indians (which
I already mentioned above), I own that they are enraged when angry,
but, left to themselves in peace and (juietness, they are benevolent and
obliging, atler their own way. They seldom offend the Christians witii-
out having some motive for it, and, the greatest part of the time, the
abuse comes from the Christians, who deal roughly with them. I spoke
with several Indians about their cruelty, i)ut an Indian King, a man of
good sense, answered me in com])aring the Indian with a ^n_ake: "Leave
it alone, coiled up as it is, do not hurt it, and it will huit no living crea-
ture,— but disturb its rest and it strikes and bites." That the Christians
have been worse and more cruel, especially the Spaniards who had so in-
humanly dealt with their ancestors. As to their manner of warfare,
which seemed to the Christian to be a brigandage, because the contest is
not led boldly and openly, they had, of course, to avail themselves of
some advantages ; if not, they could not subsist and would always have
the worst of it ; that they were not many, and were not provided with
cannons, guns, swords, powder, balls ct other war inventions, fiir more
treacherous and destructive than their own ways, which were more natu-
ral and tar less pernicious; that the arms and war-ammunition which
they had came from the Christians, and were, as said, inventions much
more injurious, fraudulent, and wicked than theirs, and that the Chris-
tians dealt, not only with heathen or strangers, i)ut with Christians, their
own brethren, most cruelly, — and that amongst us we committed the
most tyrannical acts, etc., (what I have experienced myself as may be
seen above, in the narration of tlie plot laid against me by a rascallv
gang.)

COLONIAL RECORDS. 985

ATTESTATION. {Number 108 in the Notary's register.]

VIDIMUS.

I, the uiKltT.signecl Silvius Roulier, Notary Public at Yverdon, Dis-
trict of the same name, Canton de Vaud, Switzerland, certify and attest
that the preceding narrative, containing sixty-nine pages,* as well as a
small notice annexed to it, and written on thirty centimes' stamped papei',
after having them duly collated, are conformable to the originals, exhil)-
ited, and that due credit must be given to them.

Declared and attested in the presence of Louis Frankhauser, of Trab,
Canton of Bern, merchant, and of Marius Brun, of Coinsino, policeman,
both living in Yverdon, also undersigned, requested as witnesses.

Given at Yverdon, Saturday, July twenty-fifth, eighteen hundred and
eigthty-five.

(Signed) SYLV. ROULIER,

Notary Public.

(Signed) Louis Fkankhausek.
Marius Brun.

t SEAL. J

+ V I t 1 I II tX

The undersigned, members of The Commission of the Public Library
of Yverdon, certify that the above narration is the authentical copy, veri-
fied by them, of the manuscript which exists in the said Library under
the following title :

Number 3110. Account of a voyage to America in the year 1710,
by a former lieutenant-governor (bailli, old french : baillif ) of Y'verdon,
manuscript of 105 pages f°.

Yverdon, July 25 1886
The Vice President " JOHN LANDRY, Secretary.

CH. MEYLAN

attorney-at-law.

+ 1 1 1 1 1 i 1 ij-

% SEAL. X

? I I I I I I I I?

*One hundred and eighty-nine in the translation. (Translator).

120

986 COLOmAL RECORDS.

N" 431 . Seen and vised for attestation of the signatures of Ch^ Me}"-
lan, attorney-at-law, & John Landry, Secretary, the 1' vice-president, the
2* secretary of the public library at Yverdon, signatures which are affixed
to the above declaration.

Yverdon, July 25 1885 The Justice of the Peace

E. PAILLARD.

j- > 1 1 1 1 1 1 ij-

t SEAL. I

I, the undersigned, Alfred DuFour, a resident of Mill River (Hender-
son Co.), N. C, state, attest, and declare that the preceding 191 pages,
have been translated by nie, word by word, to the best of my knowledge
and abilities, from the authenticated copy of Baron de Graffenried's Manu-
script, as taken by Sylvius Roulier, notary-public at Yverdon, Switzer-
land.

Charlotte and Mill River, N. C.

October the twenty-second, 18 hundred and eighty -five.

A. DuFOUR.

[Reprinted from Williamson's History of North Carolina. Vol. 2. p. 275.]

DE GRAFFENRIED'S CONTRACT FOR THE PALATINES.

Articles of agreement, indented and made, jmblislied and agreed upon,
this tenth day of October Anno Domini One thousand Seven hundred
and nine, and in the eigth year of the I'eign of our Sovereign lady Anne,
b}' the Grace of God queen of Great Britain, France and Ireland,
defender of the fliith, between Christopher de Graflenrid of I^ondon Esq.
and Lewis Mitchell of the same place Esq. of the one part, and Sir John
Philips bart. Sir Alexander Cairnes bart. Sir Theodore Janson Knt,
White Kennet D. D. and dean of Peterborough, John Chamberlain Esq.
Frederick Slore, doctor of Physic, and IVIr Micajah Perry merchant,
seven of the Commissioners and trustees nominated and appointed by her
Majesty's late gracious letters patent, under the great seal of Great
Britain, for the collecting, receiving and disposing of the money to be
collected for the subsistence and settlement of the poor Palatines lately
arrived in Great Britain, on the other part.

Whereas the above named Christopher de Gratfenrid and Lewis
Mitchell have purchased to themselves and their heirs in fee, and are
entitled to a large tract of land in that part of her Majesty's dominions

COLONIAL RECORDS. 987

in America called North Carolina, which now lies waste and uncultivated
for want of inhabitants ; and they the .said Christopher de GrafFenrid and
Lewis Mitchell have applied themselves to the Commissioners appointed
by the letters patent above mentioned for the subsistence and settlement
of the poor distressed Palatines, that some number of the said poor Pala-
tines may be disposed of and settled in the said tract of land in North
Carolina aforesaid, as well for the benefit of the said Christopher de
GrafFenrid and Lewis Mitchell as for the relief and support of the said
poor Palatines.

And whereas, the said Commissioners have thought fit to dispose of
for this purpose six hundred persons of the said Palatines, which may
be ninety-two families more or less, and have laid out and disposed of to
each of the said six hundred poor Palatines the sum of twenty shillings
in clothes, and have likewise paid and secured to be paid to the said
Christopher de GrafFenrid and Lewis Mitchell the sum of five pounds
ten shillings lawful money of Great Britain for each of the said six hun-
dred persons, in consideration of and for their transportation inta North
Carolina aforesaid, and for their comfortable settlement there.

It is constituted, concluded and agreed, by and with the said parties to
those presents in manner following:

In primis, that the said Christopher de GrafFenrid and Lewis Mitchell,
for tlie c!onsideration aforesaid, at their own proper costs and charges

shall, within the year next after the date hereof embark or cause

to be embarked on ships board, in and upon two several, ships, six hun-
dred of such of the said poor Palatines as shall be directed by the said
commissioners, which together may in all make up ninety-two families
more or less, and cause the said pei'sons to be directly transported to
North C'arolina aforesaid, providing them with food and other neces-
saries during their voyage thither.

Item, that upon the arrival of the said six hundred poor Palatines in
North Carolina afi)resaid, the said Christopher de GrafFenrid and Lewis
Mitchell shall, within three months next after their said arrival there,
survey and set out or cause to be surveyed and set out, by metes and
bounds, so much of the said tract of land above mentioned as shall
amount to two hundred and fifty acres for each family of the said six
hundred poor Palatines, be they ninety-two families more or less; and
that the said several two hundred and fifty acres for each family be as
contiguous as may l)e for the more mutual love and assistence of the said
poor Palatines one to another, as well with respect to the exercise of their
religion as the management of their temporal aflFairs.

988 COLONIAL RECORDS.

And for avoiding disputes and contentions among the said Palatines in
the division of the said several two hundred and fifty acres of land, It
is agreed, that the said land, when so set out by two hundred and fifty
acres to a family, be divided to eacli family by lot.

Item, that the said Christopher de Graffenrid and Lewis Mitchell, their
heirs executors or administrators, within thi'ee months next after the
arrival of the said poor Palatines in North Carolina aforesaid, shall give
and dispose of unto the said poor Palatines and to each family, by lot,
two hundred and fifty acres of the tract of land above mentioned and by
good assurances in law grant and convey the said several two hundrefl
and fifty acres to the first and chief person or persons of each family
their heirs and assigns for ever: to be lield the first five years thereafter
witliout any acknowledgement for the same, and rendering and paying
unto the said Christopher de Graffenrid and Lewis Mitchell, their heirs
executors and administrators, for every acre the sum of two pence lawful
money of that country yearly and every year after tlie said term of five
years.

Item, tliat for and during one whole year after the arrival of the said
poor Palatines in North Carolina aforesaid, the said Christopher de Graf-
fenrid and Lewis Mitchell shall provide, or cause to be provided for, and
deliver to the said poor Palatines sufficient quantities of grain and pro-
vision and other things for the comfortable suppoi't of life; but it is
agreed, that the said poor Palatines respectively shall repay and satisfy
the said Christopher de Graffenrid and Lewis Mitchell, their heirs execu-
tors and administrators, for the full value of what they shall respectively
receive on the amount at the end of the first year then next after.

Item, that the said Christojiher de Graffenrid and Lewis Mitchell, at
their own proper costs and charges within four months after their arrival
there, shall provide for the said Palatines and give and deliver or cause
to be given or delivered to them, for their use and improvement, two
cows and two calves, five sows with their several young, two ewe sheep
and two lambs, with a male of each kind, who may be able to propagate;
that at the expiration of seven years thereafter each family shall return
to the said Christopher de Graffenrid and Lewis Mitchell, their heirs or
executors, the value of the said cattle so delivered to them, with a moiety
of the stock then remaining in their hands at the expiration of the said
seven years.

Item, that immediately after the division of the said two hundred and
fifty acres among the familes of the said Palatines, the said Christopher
de Graffenrid and Lewis Mitchell shall give and dispose of gratis to each

COLONIAL RECORDS. 989

of the said Palatines a sufficient number of tools and implements for
felling of wood and building of houses, &c.

And lastly, it is covenanted, constituted and agreed, by and between
all parties to these presents, that these articles shall be taken and con-
strued in the most favorable sense for the ease comfort and advantage of
the said poor Palatines intending to settle in the country or province of
North Carolina ; that the said poor Palatines, doing and performing what
is intended by these presents to be done on their parts, shall have and
enjoy the benefits and advantages hereof without any further or other
demand of and from the said Christopher de Graftenrid and Lewis
Mitchell, their heirs executors or administrators or any of them ; and
that in case of difficulty it shall be referred to the Governor of the
county or province of North Carolina, for the time being, whose order
and directions, not contrary to the intentions of these presents, shall be
binding upon the said Christopher de Graffenrid and Lewis Mitchell, his
heirs executors and administrators, as to the said poor Palatines.

Witness whereof the said parties to these presents have interchange-
ably set their hands and seals the day above written.

JOHN PHILIPS, (L. S.)

ALEXANDER CAIRNES (L. S.)
WHITE KENNET, (L. S.)

JOHN CHAMBERLAIN (L. S.)
FREDERICK SLORE, (L. S.)
MICAJAH PERRY (L. S.)

Sealed and delivered by the within named Sir John Philips, Alexan-
der Cairnes, White Kennet, John Chamberlain, Frederick Slore, Mica-
jah Perry, having two six penny stamps. In presence of us.

WILLIAM TAYLOR, JAMES de PRATT.

We the within named Christopher de Graffenrid and Lewis Mitchell,
for ourselves, our heirs, executors and administrators, do hereby cove-
nant and agree to and with the Commissioners and trustees within writ-
ten, for and upon the like consideration mentioned, to take and receive
fifty other persons in families of the poor Palatines, to be disposed of in
like manner as the six hundred poor Palatines within specified, and to
have and receive the like grants, privileges, benefits and advantages as
the said six hundred Palatines have, may or ought to have, in every arti-
cle and clause within written, and as if the said fiftv Palatines had been

990 COLONIAL RECORDS.

comprised therein, or the said articles, clauses and agreements had been
here again particularly repeated and recited on to them.

Witness our hands and seals, this 2P' day of October, A. D. 1709.

CHRISTOPHER de GRAFFENRID,

LEWIS MITCHELL.

Sealed and delivered this agreement in the presence of

W" TAYLOR, JAS. de PRATT.

[Reprinted from Williamson's History of North Carolina. Vol. 2. p. 283.]

EXTRACT OF A LETTER FROM BARON de GRAFFENRID

TO EDWARD HYDE, ESQ. GOVERNOR OF NORTH

CAROLINA.

I have many things to I'elate to yon, but for want of time must delay
them to a future day. At present I shall only inform you of the fate of
M' Lawson the Surveyor general.

We had both taken to my boat on the New* River in oi'der to discover
what kind of land there was further on, and what distance any one might
go on the same. To this I had the more readily consented, as M'' Law-
son had assured me that the <»ountry on this side M^as not inhabited. But
when we arrived at Corutra, a village about twelve miles by water from
the town of Coram, with an intention to tarry there all night, we met
with two Indians, whom presently after a great number joined, and who
were armed. I told M' I^awson that I did not like the appearances, and
that we ought immediately to proceed on, which we accordingly did ; but
no sooner had we arrived at our boat, such a number of Indians pressed
upon us, that it was impossible for us to keep them oft'. They took our
arms, provisions and all we had.

There were upwards of sixty Indians all well armed, who compelled
us to travel with them all night, and until we arrived at an Indian vil-
lage, a considerable distance from the river, where we were delivered up
to the king (or chief) of the village or town.

*He must have intended Neiis River.

COLONIAL RECORDS. 991

He called a coiinoil at which one of the Indians delivered a long speech
with great vehemence, wherenpon a qnestion was jint whether we shonld
be bound, which was passed in the negative and the reason given was,
because we had not yet been permitted to make our defence. The next
morning we desired to know what they intended to do with us; their
answer was that the king (or chief would that evening have a number of
other kings at an entertainment, who must also be present at our exami-
nation, after which they would come to a decision. In the evening up-
wards of two hundred were collected, from which number about forty got
to-gether who were considered as chiefs of the people. Before these we
were examined very strictly concerning our intention and why we had
come hither. Our answer was, that we were endeavoring to find out a
shorter and better road to Virginia because the other road from our set-
tlement was a very bad and difficult one, and that for that reason the
Indians from thence could not as conveniently trade with us. Whereupon
the Indians complained very much of the conduct of the English Colo-
nies in Carolina, and particularly named M'' Lawson, charging him with
being too severe, and that he was the man who sold their land.

They also said that Mr. Hancock had taken a gun from an Indian,
and that Mr. Price also dealt too hard with the Indians. Nevertheless,
they would consent to our being set at lil)erty and that we should return
home on the day following. Tiie next morning we were again examined,
and we returned the same answer; but one Cor Tliom being present,
whom Mr. Lawson re])rimanded for sundry things which had ha])pened,
gave a very unfavorable turn to our aftairs. After the Coinicil had
broke uj) and the major part of the Indians had gone oft', Mr Ivawson and
myself were talking to-gether on indifferent subjects an Indian who under-
stood a little English informed the remaining Indians that we had spoken
very disrespectfully of them, which however was totally groundless.
Whereupon three or four of them fell on us in a furious manner, took
us by the arms and forced us to set down on the ground before the whole
of them that were then collected. They instantly took off" our wigs and
threw them into the fire and we were at once condemned to death. Mr
Lawson indeed was sentenced to have his throat cut with his own razor,
and I was to be put to death in another manner. On the day following
we were taken to the great place of execution, where we were again tied
and compelled to sit on the ground, being stripped of our surtouts. Be-
fore us a large fire was kindled, whilst some of them acted the part of
conjurors, and others made a ring around us which they strewed with
flowers. Behind us lay my innocent negro, who was also bound, and in

992 COLONIAL RECORDS.

this miserable situation we remained that day and the subsequent night.
On the morning of the next day at which we were to die, a large multi-
tude was collected to see the execution. Behind us there was an armed
party who acted as a guard, and around us sat the chiefs in two rows;
behind them were the common people amounting to upwards of three
hundred in number, who were jumping and dancing like so many devils,
and cutting a variety of infernal and obscene capers. There were also
present tw^o executioners of wild and terrible aspect and two drummers.
The council again deliberated in order to put an end to this dismal
tragedy. I recommended my soul to my saviour Christ Jesus, and my
thoughts were wholly employed with death.

At length however I recollected myself, and turning to the council or
chiefs, asked them, whether no mercy could be shown to the innocent,
and with what propriety they could put to death a king (for the Indians
call a governor a king) and I was king of the Palatines. Thus God in
his mercy heard my prayers and softened the hard hearts of the savages
that they after much talk from an honest Indian altered my sentence of
death as will appear from the treaty of peace. I was a short time before
Mr Lawson's execution set at liberty and afterwards conducted to the
house of the Indian who had interested himself and spoken so much in
my behalf, but my negro also suffered. I remained in captivity until the
Sunday following when I was brought on horseback to Cor. From thence
I had to foot it as above related, I should be very glad to have some
conversation with you on this subject and to consider what measures
ought to be taken against those people; but that must be deferred for
the present. I shall however write more fully to you on the subject.